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The Honorable Frank Keating
Office of the Governor
212 State Capitol Building
Oklahoma City, OK 73105
Dear Governor Keating:
I am writing today to express my deep concern over
one of the pressing issues facing you in Oklahoma, particularly this
month and to make a moral plea. As you are well aware, your state is scheduled
to execute
eight of its citizens in the next 25 days. I write this
letter with a heavy heart as tomorrow night the
killings will commence unless you take decisive
action. I appeal to you, as a fellow human being, to stop
this bloodbath before it begins.
The first execution, that of Robert "Eagle" Clayton,
was slated for January 4th, when he received a 30
day stay from Lt. Governor Mary Fallin, just hours
before his execution was to take place. Tomorrow
night, Oklahoma will execute Eddie Leroy Trice
followed by Wanda Jean Allen on Thursday, January
11th.
As you know, I visited Wanda Jean at Mabel Basset
Correctional Center on January 4th, along with Rev. J.A. Reed and Representative
Opio Toure. We had prayer and she was strong in spirit in spite of the
ordeal she is facing. It is clear to me, from what I have read and witnessed
myself, that this woman suffers from mental retardation and further that
she lacked the legal representation that should have been available to
anyone
facing such a serious crime.
This is not a question of actual innocence, whether
or not she committed the crime. She has never denied shooting Gloria Leathers.
It is a question of mercy. Wanda Jean Allen has an I.Q. of 69. She has
the mental capacity of someone nine years seven months, according to one
expert who examined her as far
back as 1975, when she was just 16. At that time
it was recommended by psychologist Martin Krimsky, Ph.D. that Wanda
Jean receive "some form of protective control with emphasis on socialized
and vocational
training." This never happened. The state health
system failed her. Then the state's criminal justice system
failed her. Those mistakes may well be the reason
Detra Pettus and Gloria Leathers are not alive today,
and why Wanda Jean could be dead on January 12th.While
the state of Oklahoma knew of Wanda
Jean's mental disabilities, neither her attorney
nor the jury learned of her disorder. Additionally,the
attorney hired by Wanda Jean's family had never
before defended a capital case, and in fact asked the
court to be removed once the state filed capital
charges. He was forced to remain on the case and his
request for assistance from the public defenders
office was denied. That is not justice. That is not right.
In today's Tulsa World you were quoted as saying,
"[i]nstead of marching and demanding, what we ought
to do is make sure the people who are subject to
an execution have solid and sound representation and
all of the scientific evidence available to support
their guilt." You were further quoted as saying, "If the
situation were as serious as some on the criminal
defense side would suggest, then you would see a flurry
of reversals, and you don't see that, which would
indicate to me that inadequate counsel and inadequate
technical support are both overstated problems.
To the extent that any of that is true, I am obviously
willing always to address it." I believe that you
are as good as your word and therefore ask you to
thoroughly look into the facts of Wanda Jean Allen's
representation. If you do that, I am convinced you
will see that her representation was irreparably
inadequate.
Quite apart from the specific cases in Oklahoma,
it is my belief that it is neither our job nor our right as a
people, as a government or as a country, to use
homicide as an instrument of social policy. If one of the
most fundamental aspects of human development is
learning by example, what then are we teaching our
children by carrying out the barbaric practice
of state-sanctioned killing? As Gandhi so simply put it, "An
eye for an eye leaves the whole world blind."
In light of the U.S. Justice Department's findings
released this past September, detailing disturbing racial
and geographic disparities in the application of
the federal death penalty, I urge you, as Governor of
Oklahoma, to examine these same questions as they
apply to your state. In the meantime, given the finality
of any execution, I urge you to issue a statewide
moratorium on the death penalty and to stop the first
execution of a woman in Oklahoma since statehood,
by granting a reprieve to Wanda Jean Allen.
The national dialogue has been rekindled. Public
concern over the growing number of wrongfully
convicted men and women released from death row
continues to mount. In January of this year, I
applauded Governor Ryan for his courageous decision
to suspend the death penalty in my home state of
Illinois. At least 10 states, and countless city
governments, over the last several months are considering
moratorium proposals, and the momentum is growing
daily.
There is no doubt we have an imperfect system in
place, as the current Justice Department study shows.
While I understand that the Justice Department
continues further studies as a result of some of the issues
raised by their report, this alone cannot satisfy
the growing public concern that our system of justice is
alarmingly skewed. This study raises enough serious
questions about the application of the death penalty
in our federal system that I call on all Governors
in State's that continue to use capital punishment as a tool
for justice, to also suspend executions, at least
until these issues can be addressed. We cannot simply be
troubled, rather we must take action.
Given the extraordinary politicization of the death
penalty today, your support for a moratorium would
demonstrate that you are willing to do what is
right even in the face of potential criticism. As Governor
you have the unique ability to offer the leadership
required to guide Oklahoma away from judicial
executions and towards a better and more humane
system of justice. Remember it was Martin Luther
King, Jr. who said, "The ultimate measure of a
man is not where he stands in moments of comfort and
convenience, but where he stands during challenge
and controversy."
By taking this stance you would be setting an example
of courage over cowardice, of humanity over
brutality. Your call for a moratorium would follow
in the best traditions of Dr. King, Nelson Mandela,
Mahatma Gandhi and Cesar Chavez. It would be clear
by this act that you remain committed to the
principles of justice and fairness. This is a unique
opportunity to be on the right side of history and to leave
a lasting legacy as a true champion of human rights
for all people.
On the heels of your National Championship, you
should be proud that Oklahoma is #1 in football.
However, there should be no joy in the fact that
Oklahoma will soon be #1 (per capita) in executions.
Once again, I heartily urge you to take this bold
step and call for reflection and examination. I look
forward to continuing our dialogue and working
with you at this critical juncture in your state's
development.
Sincerely,
Rev. Jesse L. Jackson, Sr.
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