Wednesday, May 23, 2007

Week of Action—Restore Habeas Corpus

As I previously posted, Amnesty is teaming up with other human rights organizations for a week of lobbying to restore the right to habeas corpus. By eliminating this right for anyone the administration labels an “enemy combatant,” the Military Commissions Act has put a legal face on the unconstitutional practice of indefinitely holding prisoners without charges and without any opportunity to challenge their detention before an independent court. Unfortunately, past experience has shown that these circumstances create extremely favorable conditions for torture and other forms of cruel and inhuman treatment—which also violates the U.S. Constitution!

On June 26, the International Day in Support of Torture Victims, activists from around the country will gather in DC demonstrate, learn how to lobby, and then meet with their congressional offices. There is a possibility that Amnesty may be able to provide bus transportation for those interested in taking part! This will be a great opportunity to speak with the people who help set policy on human rights issues and to show them how much you care about our Constitution.

If you can’t make it to DC, we are also organizing meetings with local congressional offices throughout the week of June 26.

Click here to find out more and volunteer to take part in these activities—as a delegation leader or member.

Those of us in New Jersey have a lot of work to do on this issue. So far, Congressmen Steve Rothman [NJ12] is the only one of thirteen House members who has cosponsored the relevant legislation! Both of New Jersey’s senators have cosponsored the Restoring the Constitution Act. While Senator Frank Lautenberg has agreed to support the Habeas Corpus Restoration Act, however, Senator Robert Menendez has not yet done so.

I have also been told that getting Congressman Robert Andrews [NJ1] onboard is going to be especially important! Help from his constituents would therefore be greatly appreciated!

Larry Ladutke
NJ Legislative Coordinator, AIUSA

Friday, May 18, 2007

Torture Awareness Month Activities: Restore Habeas Corpus!

It’s almost June, Torture Awareness Month. Once again, AIUSA will be teaming up with other human rights groups to press Congress to take action against torture and the policies that lead to it. Following the passage of the Military Commissions Act of 2006, this year's activities are more important than ever! We are going to be focusing on legislation to restore the fundamental right to habeas corpus. Without this right, prisoners can be held indefinitely without every being charged with a crime. Worse yet, lack of access to independent courts creates the perfect conditions for torture and other forms of cruel and inhuman treatment!

On June 26th, Torture Victims and Survivors Day, there will be a rally and day of lobbying in Washington. You do not need to have any previous experience—training will be provided. It also appears likely that we will be organizing buses to take people down!

We’re also going to organize a week of meetings with local congressional offices.

I know many of you are students who are nearing the end of another academic year. Please try to stay in touch with the members of your group so that as many people as possible can take part in these important actions. You can also check back here or at www.aiusa.org and for information as it becomes available.

Thursday, May 17, 2007

Press Release on China & Darfur from Sentaor Menendez

You can find out more about Senator Menendez's statements yesterday by reading CONGRESSIONAL PROPOSAL TO OFFICIALLY PRESSURE CHINA ON GENOCIDE IN DARFUR at his website. [Note: Amnesty International has not taken a position on whether or not the ongoing atrocities in Darfur constitute genocide. Whether or not they constitute genocide, the ongoing war crimes and violations of international humanitarian law must stop immediately.]

The release also contains statements by NJ Representative Chris Smith, who is introducing a resolution on this issue in the House. There are links to the text of both the Senate and House resolution, as well as video of Senator Menendez's statements before the Senate.

Wednesday, May 16, 2007

NJ Senator Menendez Calls Upon China to Take Further Action on Darfur

I have heard that NJ Senator Robert E. Menendez has just made some very strong statements calling on China to help end the ongoing attrocities in Darfur. As you know, Amnesty recently completed a nationwide campaign to support congressional letters urging Chinese President Hu to help pursuade Sudanese President Al-Bashir to allow UN peacekeepers into Darfur. It is great to conitnue to see New Jersey politicians taking leadersip on this important issue!

Please see Menendez to introduce Darfur measure from Gannette for further information.

The Record Published my Letter on Capital Punishment

The Record published the letter that I wrote in response to state Senator Gerald Cardinal's pro-death penalty editorial.

Please keep writing letters supporting legislation to abolish capital punishment in New Jersey!

Tuesday, May 15, 2007

NJ Prosecutors Tried to Kill an Innocent Man

Please see the press release from the Innocence Project below. This offers clear evidence that there is indeed a real possibility of executing innocent people!

Please look for articles on this in Wednesday's papers and write letters to the editor expressing your support for legislation abolishing the death penalty.

Larry Ladutke


After 19 Years in Prison for One of the Most Heinous Crimes in NJ History, Byron Halsey Is Proven Innocent through DNA

DNA indicates that another man – who testified against Halsey two decades ago – is the actual perpetrator; Halsey’s conviction set to be vacated today

(ELIZABETH, NJ; May 15, 2007) – New DNA tests prove that Byron Halsey, who narrowly escaped the death penalty when he was convicted in 1988 of the brutal sexual assault and murders of two young children, is innocent and should be released from prison, the Innocence Project said today. At a hearing today in New Jersey state court, a judge is expected to grant a joint motion to vacate Halsey’s conviction filed by the Innocence Project and the Union County District Attorney’s Office.

The motion to vacate the conviction says that DNA testing on several key pieces of evidence used to convict Halsey actually indicates the guilt of another man, Cliff Hall, who is already in prison for several other sex crimes in New Jersey and who testified against Halsey during his trial. In March 1988, Halsey was convicted of several charges stemming from the November 1985 murders of a seven-year-old girl and an eight-year-old boy he was raising with his girlfriend; Hall, who lived next door to the family, had dropped Halsey off across town and then returned home on the night the children were brutally killed.

“Today, we can say with scientific certainty that Byron Halsey is innocent. Every piece of physical evidence connects Cliff Hall, not Byron Halsey, to these murders,” said Vanessa Potkin, Staff Attorney at the Innocence Project, which is affiliated with Cardozo School of Law at Yeshiva University. “It has taken more than two decades, but DNA has finally revealed the truth in this case.”

The physical evidence that was subjected to DNA testing over the last 14 months includes key evidence that was used at Halsey’s trial (when advanced DNA testing was not available):

• Semen on the seven-year-old girl’s underwear (which was stuffed into her mouth during the rape and murder); the prosecution said during the trial that the semen came from someone with the same blood type as Halsey, but DNA testing now shows that the semen was from Cliff Hall.

• Semen at the crime scene, which was also matched to Halsey’s blood type but is actually from Cliff Hall, DNA shows.

• A cigarette butt found at the crime scene, which was central to the initial police investigation of the crimes. DNA testing shows that the cigarette butt was Cliff Hall’s.

The brutal rapes and murders of the two children were among the most horrific crimes in memory in Northern New Jersey, and the prosecution sought the death penalty for Halsey. The girl had been brutally raped, beaten and strangled to death. The boy was sexually assaulted, and a piece of cloth had been hammered into his head with large nails while his face had been slashed with scissors (it was later determined that he died as a result of the nails being hammered into his brain). In public statements in 1987 leading up to the trial, one of the public defenders who represented Halsey accused the prosecution of “encouraging a lynch mob kind of feeling.” When the jury returned a verdict convicting Halsey on multiple charges, but not on charges that would have led to a death sentence, spectators in the courtroom jeered loudly.

“With New Jersey in the middle of a serious discussion about whether the death penalty is worth its risks and costs, it is imperative that we learn the lessons of Byron Halsey’s case. The fact is that Byron Halsey is lucky he is alive to see the DNA test results in this case. The state fought hard to execute him for a crime that, two decades later, science proves he did not commit,” said Barry Scheck, Co-Director of the Innocence Project. Last week, a New Jersey Senate committee approved legislation that would abolish the death penalty in the state.

Today’s motion vacates Halsey’s conviction and releases him from prison on bond; he will live under state supervision (wearing an electronic monitoring device at all times) while the District Attorney decides whether to dismiss the indictment against him, which would officially exonerate him of the crimes. “The District Attorney’s Office has been working cooperatively with us for over a year. They agreed to conduct DNA testing, and they agreed to vacate the conviction based on the DNA results. In cases where the DNA shows our client is innocent and matches another suspect, it is not unusual for a District Attorney’s Office to conduct a careful investigation before making a decision to dismiss the indictment. We recognize the District Attorney has an obligation to conduct a full investigation, and we are hopeful that he will reach the logical conclusion and dismiss the indictment,” Potkin said.

The only remaining evidence against Halsey is a supposed confession before his trial. “In about 25% of the 201 wrongful convictions that have been overturned by DNA, people confessed or admitted to crimes that DNA later proved they did not commit. It would be a stretch to say that Byron Halsey even confessed to this crime – given the state of mind he was in, the length of the interrogation, the tactics police used, and the words he actually said,” Scheck said.

The supposed confession was so riddled with problems that by the time Halsey’s trial started, the prosecution began to argue against the confession – telling the jury that Halsey intentionally gave a flawed confession as a “passport” out of being found guilty. In fact, the “confession” was the result of 30 hours of interrogation over a 40-hour period of time during which Halsey (who has a sixth-grade education and severe learning disabilities) had little sleep. Even the detective handling the interrogation characterized Halsey’s statements as “gibberish” and noted that Halsey was in a “daze” and a “trance” most of the time. On every key fact of the crimes, Halsey gave incorrect answers during the interrogation and had to guess several times before giving police accurate answers (on everything from the location of the bodies to how they were killed). The final police statement signed by Halsey does not reflect any of those inaccuracies or the process that led to them – it only recites the information that Halsey eventually guessed correctly after numerous tries and information about the crime he received from police and repeated back in fragments. Halsey confessed to things that DNA now proves did not happen.

The events leading up to Halsey’s wrongful conviction began on November 14, 1985. Halsey was living with Margaret Urquhart and her two young children in a rooming house in Plainfield; Halsey helped support the family and raised the children as his own. Halsey worked days at PMS Consolidated, and Urquhart worked nights as a health aide. On the night of November 14, Urquhart was at work and Cliff Hall (who lived in the same building) took Halsey across town while the children were home alone. After dropping Halsey off with friends, Hall went home. Cliff Hall’s whereabouts are unaccounted for the following two hours. Halsey, meanwhile, walked home a couple of hours after Hall dropped him off (which several witnesses corroborate) and discovered that the children were missing. Throughout the night, he repeatedly called Urquhart at work and checked with several friends and relatives to see if they had the children. The next morning, the children were found in the basement of the rooming house.

From his behavior and other evidence, police suspected Cliff Hall from the beginning. But as the lengthy interrogation of Halsey progressed, leading to the supposed confession, police stopped investigating Hall. By the time Halsey’s trial began, nearly three years later, Hall was called as a witness for the prosecution. Even though his testimony was contradicted by other witnesses, it was damaging to Halsey’s case. Halsey’s attorneys, both public defenders, presented evidence of Halsey’s alibi and argued strongly that his supposed confession was not valid. Regardless, the jury convicted him. Halsey – who had actually been born in prison in New Jersey to a mother who was convicted of fornication and essentially put in prison for being pregnant – was sentenced to two consecutive life terms, plus 20 years, in prison.

Cliff Hall committed three separate sex crimes in Plainfield during an 11-month period in 1991-1992. In June 1991, he grabbed an 18-year-old woman from behind on a street and, holding a knife to her throat, orally, vaginally and anally raped her for up to three hours. Three months later, he abducted a 19-year-old woman and took her to a building where he repeatedly and violently raped her vaginally and anally for two hours. Several months after that, he punched and attempted to rape a 26-year-old woman as she walked toward a train station in Plainfield. Hall pled guilty to all three of these crimes (all off which were committed while Halsey was in prison for the murders that DNA now indicates Hall committed).

Nationwide, 201 people have been exonerated through DNA testing, according to the Innocence Project. As in Halsey’s case, DNA in more than 37% of the exoneration cases also helped identify the true perpetrator of the crimes. Four of the 201 exonerations were in New Jersey. Raymond M. Brown of Greenbaum, Rowe, Smith & Davis in Woodbridge is co-counsel with the Innocence Project on Halsey’s case.

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Friday, May 11, 2007

Further Impact of Darfur Letters!

See China names special envoy for Darfur for more information about the impact of the congressional letters we supported! Once again, thanks to everyone who helped get 8 of NJ Congressmen and both of our Senators to sign these letter!

Thursday, May 10, 2007

China Reacts to Congressional Letters on Darfur

You can read news coverage of the congressional letters to urging China to convince Sudan to allow UN peacekeepers into Darfur.

China's reaction shows how important our work on this initiative has been. While the Chinese government continues to try to deny its damaging role in the Darfur crisis, the fact is that it has taken positive steps only in response to international pressure--including anticipation of these letters! Also, the fact the Chinese government is concerned enough to put out this PR campaign shows that it is in fact concerned about its image.

Wednesday, May 09, 2007

Online Action to Restore Habeas Corpus

From Kevin Spidel in the DC office:

Help protect people from abuse and arbitrary detention! Habeas Corpus is a right that has been around since before the United States existed. It is the most basic and fundamental protection against arbitrary detention and other human rights abuses, and Congress has taken it away from any non-US citizen in US custody that the President designates an "enemy combatant."
Now, even lawful permanent residents who are in the US can be held without the simple opportunity to go to and independent court and ask the government to show it has a basis for holding them. People who have languished in Guantanamo for more than five years cannot get any substantive review of their detention. The United States has become a country that can hold people without charge, without hope and without end. I know this is not the America you believe in.

Take action now and tell you Senators and Representatives that this cannot stand. Ask them to restore this cornerstone of justice and due process by removing the prohibition on habeas corpus passed by the Congress and signed by the President last fall. Let them know that the United States is a nation of laws, and that no one should be held indefinitely on the judgment of one man. Let them know that this is not the America you believe in.
Help restore habeas corpus rights! Take action »

Sincerely,
Kevin Spidel
Project Manager, Denounce Torture Initiative
Amnesty International USA

Monday, May 07, 2007

8 out of 13 NJ Congressmen Sign the Lantos-Smith-Payne-Wolfe Letter on Darfur

The following NJ Congressmen signed the letter calling upon Chinese President Hu to help convince the Sudanese government to allow UN peacekeepers into Darfur:

Robert Andrews (1st District)
Jim Saxton (3rd District)
Chris Smith (4th District)
Scott Garret (5th District)
Bill Pascrell (8th District)
Donald Payne (9th District)
Rush Holt (10th District)
Albio Sires (13th District)

That’s 61.5%! Nationally,103 out 435 House members (23.7%) signed on. New Jersey is well above average! Our state also has the honor of being represented by two of the four authors, Chris Smith and Donald Payne.

Amnesty is very grateful to all members of both chambers that signed these important letters, as well as everyone who contacted Congress about this issue.

Friday, May 04, 2007

House Passes Resolution on Violence Against Women in Guatemala!

Earlier this week, the U.S. House of Representatives approved H.Res. 100, Congresswoman Hilda Solis's resolution condemning gender-based violence in Guatemala and calling upon the Guatemalan government to take meaningful action to protect women and girls! You can read the press release on Solis's website.

Once again, Amnesty International greatly appreciates New Jersey Congressmen Andrews, Holt, Payne, Rothman, and Sires for cosponsoring this resolution. Thanks also to everyone who made calls to Congress about this issue!

Look for information about the corresponding Senate resolution in the near future!

Tuesday, May 01, 2007

From Our Friends at NJADP--Death Penalty Hearing 5/10

[Note: You can find out how to contact your NJ State Senator by using the links located on the rights side of this page.]

BREAKING NEWS: The Death Penalty Abolition bill is scheduled to be heard by the Senate Judiciary Committee next week, Thurs., May 10 at 10am. We need you to attend the hearing!

Dear Friends,

All issues have a moment when they are made or broken. That moment is here for the death penalty in New Jersey. What happens in Trenton on May 10 will help determine whether we make history and guide the nation toward justice and life. If we do not succeed on May 10, we face an uncertain future that may include executions being carried out in our state and in our names.

The hearing and vote is set for May 10 at 10AM in committee room 4 on the first floor of the State House Annex in Trenton. It is vitally important that you attend to show support for abolition. If you can, please let us know if you plan to attend by sending an email to NJADP at abe@njadp.org or call us at 609-278-6719. Please wear your NO EXECUTIONS buttons to the hearing! (We will also have some on hand.)

Please also call your State Senator. We need to ask our senators not only to support the abolition bill but also to speak up in favor of it. In other words, we need our leaders who support abolition to lead the way!

It is difficult to convey just how important this hearing is for the effort to end New Jersey's death penalty. Among the remaining few steps for the death penalty abolition bill, I believe this one before the Senate Judiciary Committee is the defining one. This vote will set the course for the rest of the abolition bill's journey to Governor Corzine's desk.

This is also a defining moment for NJADP. In 1999, when Lorry Post, a parent of a murdered daughter, called together a handful of people for our first meeting, we pledged that we would work together until the death penalty was abolished. We spoke then about our hope that New Jerseyans who respect and value life and justice would never have to hold candles at a vigil on the eve of an execution. We said that in place of vigils, we would instead hold educational forums and attend meetings with legislators. Now, seven years after that moment of commitment, we stand on the verge of making history.

Please join me in the Senate Judiciary Committee Room on May 10 and please call your Senator today.

In peace, Celeste

Celeste Fitzgerald
Director, New Jerseyans for Alternatives to the Death Penalty
973-635-6396 Chatham Office
609-278-6719 Trenton Office
www.njadp.org

Darfur House Letter Update

So far, I know that NJ Representatives Holt, Pascrell, and Sires have indicated that they will sign the letter urging China to help convince Sudan to allow UN peacekeepers into Darfur. Counting Congressmen Payne and Smith--who are circulating the letter--that means at least five of our state's House members are onboard.

If you add in our Senators, who have both signed the corresponding letter in their chamber, at least seven out of fifteen total members of New Jersey's congressional delegation have helped out so far!