Friday, June 29, 2007

From prison warden to anti-execution advocate


By Bill Berlow

ASSOCIATE EDITOR

Eleven years ago, when Ron McAndrew became superintendent of the Florida prison where Death Row inmates are executed, he was an unflinching supporter of capital punishment.

"I thought it was the right thing to do," he said.

Early today, the Dunnellon resident will fly to Washington to participate in a fast and vigil organized by the anti-death-penalty Abolitionist Action Committee in front of the U.S. Supreme Court.

The demonstration, which includes a press conference in which McAndrew is a featured speaker, is part of four days of activities commemorating 1972 and 1976 Supreme Court rulings suspending then reinstating capital punishment in the United States.

"The death penalty puts us right up there with the barbarians in Iran, where killing other people is a sport more than justice," he said. "It's an absolute political manipulation - a politician's best toy."

It's been an interesting, introspective journey for McAndrew, 68, who witnessed and was victim of his share of prison violence as he worked his way up through the Department of Corrections ranks.

Just a few weeks after becoming top dog at Florida State Prison at Starke, he oversaw his first execution. John Earl Bush was electrocuted on Oct. 21, 1996, for killing Evinrude outboard heiress Francis Slater in 1982.

"I realized," he said in a telephone interview Wednesday, "that I had no business standing there."

McAndrew said the process leading up to the execution, and the final, carefully choreographed act itself, horrified him.

While at Starke, McAndrew oversaw two other executions - including John Mills Jr., who murdered Les Lawhon in Wakulla County, and the infamous botched execution of Pedro Medina in 1997.

After flames leapt from Medina's mask, filling the execution chamber with smoke and the smell of burning flesh, Florida aggressively pursued lethal injection as its preferred execution method, although condemned inmates may still request the electric chair.

McAndrew went to Texas while still a Corrections administrator to see how lethal injections worked and help Florida make the transition. Lethal injections temporarily reduced his ambivalence, but didn't rid him of it. It wasn't until a few years after he left Florida State Prison that he decided capital punishment was wrong under all circumstances.

He retired from the DOC several years ago and now, as a consultant on prisons, occasionally testifies against his former employer despite his generally fond feelings for the agency.

About seven years ago, he said, he found religious faith and became a Catholic. Previously, he said, faith played almost no role in his life, but now he believes "that killing people is a sin" - even killing those who took innocent lives themselves.

But what would he say to diehard supporters of the death penalty, particularly the loved one of a murder victim?

"It's very easy," he said. "You just say that the most severe punishment you could ever give anyone would be to lock them in a little cage made out of concrete and steel ... with a steel cot, a mattress that is 2 inches thick, a stainless steel toilet that does not have a lid, and you leave them there for the rest of their natural life.

"There can't be a more severe punishment than that," he said, "and you feed them institutional food for 365 days a year."

And, when DNA testing reveals the occasional wrongful conviction, it's not too late to correct - to the extent possible - the state's mistake.

Like McAndrew, I used to support the death penalty, and people I respect still do. I just can no longer justify even one execution of someone wrongfully convicted as worth the price for putting so many more actual murderers to death.

Let's face it, the death penalty is about vengeance at least as much as it's about justice. That's understandable. If someone murdered a person I loved, I'm pretty certain I'd feel like killing him.

But vengeance dehumanizes, and the death-penalty ritual is state-sponsored theater designed precisely to achieve that objective.

McAndrew still wrestles with ghosts of his past.

"These folks that you sent on to another world," McAndrew said, "they have a way of coming back and sitting on the edge of your bed at night. I don't like that. It's not the right thing to do."

Amen, brother.

2 comments:

dudleysharp said...

The Death Penalty: Neither Hatred nor Revenge
Dudley Sharp, Justice Matters, contact info below

Death penalty opponents say that the death penalty has a foundation in hatred and revenge. Such is a false claim.

A death sentence requires pre existing statutes, trial and appeals, considerations of guilt and due process, to name but a few. Revenge requires none of these and, in fact, does not even require guilt or a crime.

The criminal justice system goes out of its way to take hatred and revenge out of the process. That is why we have a system of pre existing laws and legal procedures that offer extreme protections to defendants and those convicted and which limit punishments and prosecutions to specific crimes.

It is also why those directly affected by the murder are not allowed to be fact finders in the case.

The reality is that the pre trial, trial. appellate and executive clemency/commutation processes offer much much greater time, money and human resources to capital cases than they do to any other cases, meaning that the facts tell us that defendants and convicted murderers, subject to the death penalty, receive much greater care and concern than those not facing the death penalty - the opposite of a sytem marked with vengeance.

Calling executions a product of hatred and revenge is simply a way in which some death penalty opponents attempt to establish a sense of moral superiority. It can also be a transparent insult which results in additional hurt to those victim survivors who have already suffered so much and who believe that execution is the appropriate punishment for those who murdered their loved one(s).

Far from moral superiority, those who call capital punishment an expression of hatred and revenge are often exhibiting their contempt for those who believe differently than they do.

The pro death penalty position is based upon those who find that punishment just and appropriate under specific circumstances.

Those opposed to execution cannot prove a foundation of hatred and revenge for the death penalty any more than they can for any other punishment sought within a system such as that observed within the US - unless such opponents find all punishments a product of hatred and revenge - an unreasonable, unfounded position

Far from hatred and revenge, the death penalty represents our greatest condemnation for a crime of unequaled horror and consequence. Lesser punishments may suffice under some circumstances. A death sentence for certain heinous crimes is given in those special circumstances when a jury finds such is more just than a lesser sentence.

Less justice is not what we need.

A thorough review of the criminal justice system will often beg this question: Why have we chosen to be so generous to murderers and so contemptuous of the human rights and suffering of the victims and future victims?

The punishment of death is, in no way, a balancing between harm and punishment, because the innocent murder victim did not deserve or earn their fate, whereas the murderer has earned their own, deserved punishment by the free will action of violating societies laws and an individuals life and, thereby, voluntarily subjecting themselves to that jurisdictions judgment.

copyright 2001-2008   Dudley Sharp

Dudley Sharp, Justice Matters
e-mail  sharpjfa@aol.com,  713-622-5491,
Houston, Texas
 
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
 
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
 
Pro death penalty sites 

homicidesurvivors(dot)com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx

www(dot)dpinfo.com
www(dot)cjlf.org/deathpenalty/DPinformation.htm
www(dot)clarkprosecutor.org/html/links/dplinks.htm
www(dot)coastda.com/archives.html
www(dot)lexingtonprosecutor.com/death_penalty_debate.htm
www(dot)prodeathpenalty.com
www(dot)yesdeathpenalty.com/deathpenalty_co
yesdeathpenalty.googlepages.com/home2 (Sweden)
www(dot)wesleylowe.com/cp.html

Permission for distribution of this document, in whole or in part,  is approved with proper attribution.

dudleysharp said...

The Death Penalty: More Protection for Innocents
Dudley Sharp, Justice Matters, contact info below
 
Often, the death penalty dialogue gravitates to the subject of innocents at risk of execution. Seldom is a more common problem reviewed. That is, how innocents are more at risk without the death penalty.
 
Living murderers, in prison, after release or escape or after our failures to incarcerate them, are much more likely to harm and murder, again, than are executed murderers.
 
Although this is, obviously a truism, it is surprising how often  folks overlook the enhanced incapacitation benefits of the death penalty over incarceration.
 
No knowledgeable and honest party questions that the death penalty has the most extensive due process protections in US criminal law.
 
Therefore, actual innocents are more likely to be sentenced to life imprisonment and more likely to die in prison serving under that sentence, that it is that an actual innocent will be executed.
 
That is. logically, conclusive.
 
16 recent studies, inclusive of their defenses, find for death penalty deterrence.
 
A surprise? No.
 
Life is preferred over death. Death is feared more than life.
 
Some believe that all studies with contrary findings negate those 16 studies. They don't. Studies which don't find for deterrence don't say no one is deterred, but that they couldn't measure those deterred.
 
What prospect of a negative outcome doesn't deter some? There isn't one . . . although committed anti death penalty folk may say the death penalty is the only one.
 
However, the premier anti death penalty scholar accepts it as a given that the death penalty is a deterrent, but does not believe it to be a greater deterrent than a life sentence. Yet, the evidence is compelling and un refuted that death is feared more than life.
 
Some death penalty opponents argue against death penalty deterrence, stating that it's a harsher penalty to be locked up without any possibility of getting out.
 
Reality paints a very different picture.
 
What percentage of capital murderers seek a plea bargain to a death sentence? Zero or close to it. They prefer long term imprisonment.
 
What percentage of convicted capital??murderers argue for execution in the penalty phase of their capital trial? Zero or close to it. They prefer long term imprisonment.
 
What percentage of death row inmates waive their appeals and speed up the execution process? Nearly zero. They prefer long term imprisonment.
 
This is not, even remotely, in dispute.
 
Life is preferred over death. Death is feared more than life.
 
Furthermore, history tells us that lifers have many ways to get out: Pardon, commutation, escape, clerical error, change in the law, etc.
 
In choosing to end the death penalty, or in choosing not implement it, some have chosen to spare murderers at the cost of sacrificing more innocent lives.
 
Furthermore, possibly we have sentenced 20-25 actually innocent people to death since 1973, or 0.3% of those so sentenced. Those have all been released upon post conviction review. The anti death penalty claims, that the numbers are significantly higher,are a fraud, easily discoverable by fact checking.
 
6 inmates have been released from death row because of DNA evidence. An additional 9 were released from prison, because of DNA exclusion, who had previously been sentenced to death.
 
The innocents deception of death penalty opponents has been getting exposure for many years. Even the behemoth of anti death penalty newspapers, The New York Times,  has recognized that deception.
 
To be sure, 30 or 40 categorically innocent people have been released from death row . . . (1) This when death penalty opponents were claiming the release of 119 "innocents" from death row. Death penalty opponents never required actual innocence in order for cases to be added to their "exonerated" or "innocents" list. They simply invented their own definitions for exonerated and innocent and deceptively shoe horned large numbers of inmates into those definitions - something easily discovered with fact checking.
 
There is no proof of an innocent executed in the US, at least since 1900.
 
If we accept that the best predictor of future performance is past performance, we can reasonable conclude that the DNA cases will be excluded prior to trial, and that for the next 8000 death sentences, that we will experience a 99.8% accuracy rate in actual guilt convictions. This improved accuracy rate does not include the many additional safeguards that have been added to the system, over and above DNA testing.
 
Of all the government programs in the world, that put innocents at risk, is there one with a safer record and with greater protections than the US death penalty?
 
Unlikely.
 
Full report -All Innocence Issues: The Death Penalty, upon request.
 
Full report - The Death Penalty as a Deterrent, upon request
 
(1) The Death of Innocents: A Reasonable Doubt,
New York Times Book Review, p 29, 1/23/05, Adam Liptak,
national legal correspondent for The NY Times
 
Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com 713-622-5491,
Houston, Texas
 
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS, VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
 
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
 
Pro death penalty sites 

homicidesurvivors(dot)com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx

www(dot)dpinfo.com
www(dot)cjlf.org/deathpenalty/DPinformation.htm
www(dot)clarkprosecutor.org/html/links/dplinks.htm
www(dot)coastda.com/archives.html
www(dot)lexingtonprosecutor.com/death_penalty_debate.htm
www(dot)prodeathpenalty.com
www(dot)yesdeathpenalty.com/deathpenalty_com
yesdeathpenalty.googlepages.com/home2 (Sweden)
www(dot)wesleylowe.com/cp.html

Permission for distribution of this document, in whole or in part,  is approved with proper attribution.