RICHMOND, Va. (AP) — A federal appeals court on Wednesday upheld the conviction and sentence of a man on federal death row for the 2015 racist slayings of nine members of a Black South Carolina congregation.
A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond affirmed Dylann Roof’s conviction and sentence in the shootings at Mother Emanuel AME Church in Charleston.
In 2017, Roof became the first person in the U.S. sentenced to death for a federal hate crime. Authorities have said Roof opened fire during the closing prayer of a Bible study at the church, raining down dozens of bullets on those assembled. He was 21 at the time.
In his appeal, Roof’s attorneys argued that he was wrongly allowed to represent himself during sentencing, a critical phase of his trial. Roof successfully prevented jurors from hearing evidence about his mental health, “under the delusion,” his attorneys argued, that “he would be rescued from prison by white-nationalists — but only, bizarrely, if he kept his mental-impairments out of the public record.”
Roof’s lawyers said his convictions and death sentence should be vacated or his case should be sent back to court for a “proper competency evaluation.”
The 4th Circuit found that the trial judge did not commit an error when he found Roof was competent to stand trial and issued a scathing rebuke of Roof’s crimes.
“Dylann Roof murdered African Americans at their church, during their Bible-study and worship. They had welcomed him. He slaughtered them. He did so with the express intent of terrorizing not just his immediate victims at the historically important Mother Emanuel Church, but as many similar people as would hear of the mass murder,” the panel wrote in is ruling.
“No cold record or careful parsing of statutes and precedents can capture the full horror of what Roof did. His crimes qualify him for the harshest penalty that a just society can impose,” the judges wrote.
One of Roof’s attorneys, Margaret Alice-Anne Farrand, a deputy federal public defender, declined to comment on the ruling.
All of the judges in the 4th U.S. Circuit Court of Appeals, which covers South Carolina, recused themselves from hearing Roof’s appeal; one of their own, Judge Jay Richardson, prosecuted Roof’s case as an assistant U.S. Attorney. The panel that heard arguments in May and issued the ruling on Wednesday was comprised of judges from several other appellate circuits.
Following his federal trial, Roof was given nine consecutive life sentences after pleading guilty in 2017 to state murder charges, leaving him to await execution in a federal prison and sparing his victims and their families the burden of a second trial.
President Joe Biden as a candidate said he’d work to end federal executions. White House press secretary Jen Psaki said in March that he continues to have “grave concerns” about it.
Biden has connections to the case. As vice president, Biden attended the funeral for one of those slain, state Sen. Clementa Pinckney, who also pastored the congregation. During his 2020 presidential campaign, Biden frequently referenced the shooting, saying that a visit to Mother Emanuel helped him heal in the aftermath of the death of his son, Beau.
Roof’s attorneys could ask the full 4th Circuit to reconsider the panel’s ruling. If unsuccessful in his direct appeal, Roof could file what’s known as a 2255 appeal, or a request that the trial court review the constitutionality of his conviction and sentence. He could also petition the U.S. Supreme Court or seek a presidential pardon
(RNS) — On Wednesday (May 19), Quintin Jones is scheduled to be executed in Texas. It is the first state execution of 2021, and the first time a state has executed anyone in nine months.
It’s been 40 years since we’ve gone this long without a state execution.
Quintin is not the only person currently scheduled to be executed in Texas this year. So are four other people. Typically, Texas accounts for about half of the executions in the U.S., but this year it could account for all, or almost all, of them. Five of the six executions planned for 2021 are in this one state. Until just this year, Texas has had a law called the “law of parties” that allowed people not directly responsible for a murder to be executed for the crime, sort of guilt by association.
And, even now, Texas considers “future dangerousness” during sentencing, an idea that’s been debunked by most criminologists and experts because it is impossible to predict who someone will become. In some cases, like Duane Buck, court “experts” have even suggested race can be a determinant of future dangerousness … not even subtly suggesting black people are more likely to be violent than white people. Perhaps one of the many reasons African Americans account for a disproportionate number of our executions and of the death row population.
In contrast to other Texas cases like Rodney Reed, where it is quite clear there was a wrongful conviction, Quintin does not claim to be innocent of the crime for which he faces execution. He was 20 years old and addicted to drugs when he killed his great-aunt, Berthena Bryant, with a baseball bat. It is terrible, and he knows it. Early on, he too was convinced he deserved to die, and even attempted to take his own life. But over the past 22 years, Quintin’s story has taken an incredible, grace-filled turn.
His family, and the victim’s sister in particular, have seen the power of forgiveness, redemption and mercy. They are among the most vocal opponents to his execution. Every time they speak you can feel their authentic faith shine through the cracks of their pain. They have seen the changes in Quin’s life, the ways he has embraced his faith, tried to heal the wounds he inflicted, and the steps he’s taken to change his life.
Speaking of his faith, in a viral video produced by The New York Times, Quin quoted a passage from the Bible that says, “When I was a child, I spoke as a child, I understood as a child, I thought as a child: but when I became a man, I put away childish things” (1 Corinthians 13:11). Quin went on to say if he is executed, Texas will be executing the child he was, not the man he is now. He and tens of thousands of others are asking for Texas Gov. Greg Abbott to stop his execution.
Many of us who are asking for Quin’s life to be spared are Christians. And at the heart of our faith is the belief no one is beyond redemption. We are praying. We are calling the governor. We are hoping this is a moment Abbott can show the best of his faith tradition as a Catholic. Pope Francis has called for a worldwide abolition to the death penalty, and the Catholic catechism teaches that the death penalty has no place in modern society.
And yet one of the tragic realities in America is, up until now, the Bible Belt has been the death belt. In the very part of the country where Christians are most concentrated, and under the leadership of Christian governors like Abbott, the executions continue. Despite our claims to be pro-life, Christians have been the firm base of support for the death penalty. But this too is changing. Recent polls of millennial Christians (born after 1980) show overwhelming support for the abolition of the death penalty.
There are many things we are excited to see return to “normal” in our country as it begins to open back up after the massive death and sickness from COVID-19. Worship services. Going to coffee shops and concerts and on a date to the movies. Playgrounds and swimming pools. But resuming state executions is not something on that list.
State executions are not something most Americans want to see “return to normal” after the pandemic. Many of us would like to see the nine-month halt on state executions be “the new normal.” For the first time in my 45-year life, a majority of Americans are done with the death penalty.
Even though it is partially true that it took a pandemic with a massive death toll to slow down the machinery of death when it comes to capital punishment, there’s more going on. Let’s not forget that the Trump administration set a record number of federal executions during the same period state executions were hitting a record low (there were only seven state executions in 2020, the lowest number we’ve seen since the 1980s). After 17 years without a single federal execution, former President Donald Trump carried out 13 executions in the last seven months of his presidency. He executed people at a rate we haven’t seen since the 1800s, and he did it in the middle of the pandemic. When Trump left, federal executions stopped, and President Joe Biden has pledged not to carry out any more.
Meanwhile, a lot of states are recalibrating, trying to figure out if the death penalty has a future. State by state, the number of executions has been dropping nearly every year. So have new death sentences, which are the lowest they’ve been in a generation. Nearly every year, a new state abolishes the death penalty. Early this year, in March, Virginia made history, becoming the first formerly Confederate state to abolish the death penalty.
There is reason to hope the Supreme Court, even a conservative-leaning court, could deem the death penalty unconstitutional — not only because it is cruel, but because it is “unusual.” Executions are rare and arbitrary, and most of the country is ready to move on, along with the majority of the world, from executing people. A mere 2% of the counties in the U.S. generate the majority of executions. Right now, Texas is on the wrong side of life, and Texas is an outlier.
It is also noteworthy the states that continue to hold onto the death penalty are not only the states in the Bible Belt, but they are also the states of the former Confederacy. The states that held on to slavery the longest are the same states that continue to hold on to the death penalty. Where lynchings were happening 100 years ago is precisely where executions continue to happen today.
A generation from now we will look back on the death penalty like we look back at slavery — with shame and horror, with many of our grandchildren asking how Christians used the Bible to defend such a thing. So this is a time for courage. It does not take courage to say slavery was wrong generations after we abolished it. But it took courage to say slavery was wrong when many people thought it was acceptable, even God-ordained. This is a time for courage.
(Shane Claiborne is an activist, author and co-director of Red Letter Christians. The views expressed in this commentary do not necessarily represent those of Religion News Service.)
Faith groups are celebrating Virginia’s decision to ban the death penalty, a move considered to be a victory for religious opposition to capital punishment.
Virginia Gov. Ralph Northam signed the ban — the first of any Southern state and the 23rd overall — into law on Wednesday (March 24), declaring it “the moral thing to do.”
“Over our 400-year history, Virginia has executed more people than any other state,” Northam said. “The death penalty system is fundamentally flawed — it is inequitable, ineffective, and it has no place in this Commonwealth or this country. Virginia has come within days of executing innocent people, and Black defendants have been disproportionately sentenced to death.”
The Rev. LaKeisha Cook, a lead organizer at the Virginia Interfaith Center for Public Policy, also spoke at the signing ceremony.
“Today I stand here representing many people of faith all throughout the commonwealth of Virginia,” Cook said. “Virginia Interfaith was very, very happy to join officially in this fight for abolition. Today we turn the page in the history books of this great commonwealth as we celebrate the end of the death penalty.”
Cook pointed to the activism of the state’s “amazing faith community,” such as those who held prayer vigils at sites of lynchings in January to highlight the historical link between early racist killings and the modern death penalty, or the nearly 430 faith leaders who signed on to a letter opposing the death penalty in February.
Cook noted the advocacy of the Virginia Catholic Conference, which also voiced support for the ban on Wednesday. Bishop Michael F. Burbidge of the Diocese of Arlington and Bishop Barry C. Knestout of Richmond released a statement citing Pope Francis, whose 2020 encyclical “Fratelli Tutti” included the line: “The firm rejection of the death penalty shows to what extent it is possible to recognize the inalienable dignity of every human being and to accept that he or she has a place in this universe.”
“Through our Virginia Catholic Conference, we supported this historic legislation as it progressed through the General Assembly because all human life is sacred,” read the statement from Burbidge and Knestout. “We are grateful to those who worked to make this a reality.”
Catholics in the U.S. have long opposed capital punishment, and Francis voiced support for abolishing the practice during his 2015 address to Congress.
But the pontiff made things even more explicit in 2018 when he changed the church’s catechism to declare the death penalty “inadmissible” and insist that the church will work “with determination for its abolition worldwide.”
The Virginia bishops were joined in their celebration by Archbishop Paul S. Coakley of Oklahoma City, who chairs the U.S. Conference of Catholic Bishops’ Committee on Domestic Justice and Human Development.
“Virginia will become the twenty-third state to abolish the death penalty, and I urge all other states and the federal government to do the same,” Coakley said in a statement.
He praised the work of advocates such as the Catholic Mobilizing Network before adding: “We are reminded that God created and loves every person, and we can respond to this love with reverence for the dignity of every human life, no matter how broken, unformed, disabled, or desperate that life may seem.”
Opposition to the death penalty has grown over the past few decades and is common in several faith communities. A 2018 Public Religion Research Institute survey found that 55% of Americans preferred life in prison without parole instead of capital punishment for people convicted of murder, compared with 44% who preferred the death penalty. Majorities of Black Protestants (80%), non-Christian religious groups (57%) and white Catholics (54%) also favored life in prison.
Of those polled, only two groups expressed majority preference for the death penalty: white evangelicals (62%) and white mainline Protestants (54%).
Virginia Catholics were echoed by other stalwart faith-rooted opponents of the death penalty this week, such as Christian activist and author Shane Claiborne. He championed the ban when versions of it first passed both chambers of the state legislature in February, and he called on the federal government to do the same.
“President (Joe) Biden is poised to do the same thing Virginia just did: reckon with the mistakes of our past and use that past to help us envision a better future — one without the death penalty,” Claiborne wrote.
Biden, a Catholic, proposed eliminating the federal death penalty in 2019 during his campaign for president, but he has yet to take sweeping action regarding the promise — which would require support from the Supreme Court or Congress — since beginning his term.
Former President Donald Trump was widely criticized by faith leaders for his administration’s 2020 decision to renew the use of the death penalty in federal cases for the first time since 2003. Among various protests, more than 1,000 faith leaders signed a letter that summer demanding Trump and then-Attorney General William Barr end the practice.
Biden has already heard from fellow Catholics on the issue: During the first Mass he attended as president, the priest delivered a homily blasting the Trump administration’s renewed use of the death penalty and referring to the former commander in chief as an “execution president.”
When White House press secretary Jen Psaki was asked during a press briefing on Monday whether Biden would support the Supreme Court if it reinstated the death penalty for Boston Marathon bomber Dzhokhar Tsarnaev, she noted that Biden has “grave concerns about whether capital punishment … is consistent with the values that are fundamental to our sense of justice and fairness,” but referred specific questions about the case to the Department of Justice.
The Rev. Dr. Martin Luther King Jr. Celebration that took place at the New Jersey Performing Arts Center in Newark Thursday night was not only a celebration of the civil rights leader, but a worship service led by two dynamic gospel music stars and a highly accomplished pastor. Three extraordinary women were also honored for following in King’s footsteps and changing their communities for the better.
Richard Smallwood: ‘Anybody Can Serve’
Gospel Music Hall of Fame artist Richard Smallwood told UrbanFaith that Dr. King was “a prime example” of someone who devoted his life to the service and blessing of others.
Noting King’s statement that “everybody can be great… because anybody can serve,” Smallwood said, “It’s not about your name in lights …or how many houses you have, how many cars you have, but who are you helping, where you are making a difference? That part of him always gets my heart.”
Smallwood grew up with at least one intimate model of selflessness, in the person of his mother. She died in 2005, but encouraged her only child to study classical music and worked overtime so he could attend Howard University.
“She really was my biggest cheerleader. So it was very difficult when she transitioned,” said Smallwood, who didn’t write music for four years after she died.
In 2004, Smallwood completed a Master of Divinity degree at Howard out of a sense of calling from God.
“People said, ‘We know you’re going to preach.’ And I’m like, ‘No, no, no, no, no, no! I don’t want to do that.’ It finally got to the point where I knew that that was a part of my calling. It was something I was going to have to do, because it was what I was born to do,” said Smallwood.
“I was nervous because I was like, ‘Okay, I’ve been in music all my life. I’m going to have to do papers, and a lot of reading, and stuff like that. It wasn’t easy, but it was a joy, because I had to do a lot of stuff in hotel rooms when I was traveling, in airports, writing papers and sending them back home to my professors. But it was a great experience,” the ordained Baptist minister explained.
Like King, who said he didn’t want to be remembered for his awards, but for his life of service, Smallwood wants to be remembered for the gifts he has bestowed on others.
“My prayer has always been that my music is what people will remember a long, long, long time after I’m gone … because I’ve seen how God can use gifts and really make a difference in people’s lives.”
Tye Tribbett: ‘Stand Up and Make a Change’
Gospel artist Tye Tribbett grew up in Camden, New Jersey, where he said he led a “very sheltered” life as the son of strict Apostolic Pentecostal pastors. Even so, he couldn’t help but see the rougher side of life in his city.
“Some of the stereotypes that are on Camden, we have to take the blame. We caused a lot of [people] to have that perspective on us. But a lot of us now are also taking the initiative to turn that whole thing around,” said Tribbett.
“I think that’s what Martin Luther King’s birthday is all about: somebody being frustrated enough to stand up and make a change, and voice that we don’t have to stay this way. We don’t have to. I think that’s what Martin Luther King did against all odds. He stood up, not only felt it, not only thought it, but spoke it,” he added.
Six months ago, Tribbett and his wife Shante′ started The Word on the Street, a Bible study that meets at a public school in Camden. Three hundred people gather, Tribbett said, with a vision for turning the city around.
“We’re right in line with the dream that [King] had years ago,” said Tribbett.
“It’s not the normal Bible study,” he explained. “We’re taking a different approach, a fresh approach, because I believe right information creates right believing, and right believing creates right living. Or better, better information, better believing, better living.”
Tribbett knows something about the power of belief. After a particularly challenging time in his marriage that was brought on by his infidelity, he battled suicidal thoughts.
“I felt very guilty and ashamed, so when I started feeling and sensing voices, quote unquote, of suicide, it actually scared me. So I ran to the shelter of mentors,” said Tribbett.
He confessed his suicidal thoughts to them and said there were times when they didn’t leave him alone.
“A lot of young people today who are committing suicide because of bullying and all that kind of crazy stuff, I don’t think they have mentors,” said Tribbett. “I don’t think we have leadership. I don’t think we’re accountable to anybody, so we’re left to our own thoughts, and we’re left to whatever we feel. So I think it’s wise for young people, and older people, just to find somebody to be accountable to, to submit under somebody so they can bring you in when you’re way out there.”
REASONABLE DOUBT: Protesters chanted and prayed near the Jackson, Georgia, prison where death row inmate Troy Davis was put to death on September 21. (David Tulis/Newscom Photo)
The State of Georgia executed Troy Davis yesterday evening at 11:08pm. Twitter activity subsequently mushroomed, yielding three Davis related trends — #RIPTROYDAVIS, #DearGeorgia, and #JusticeSystem. This post from Nightline anchor Terry Moran was frequently re-tweeted:
Questions abound. If we begin with a common political science definition of government as the monopoly of legitimate coercion — and our general acceptance of police, taxes, and the like suggest that we do — we might further ask: Under what circumstances can coercion be legitimately exercised? Is capital punishment a legitimate exercise of force?
Many of the people who lamented the execution of Mr. Davis had virtually nothing to say regarding the plight of convicted white supremacist Lawrence Brewer, who was also executed last night in Texas for the racially motivated 1998 dragging death of James Byrd. Many no doubt felt the death penalty was appropriate in that clear-cut case. But some wonder whether a truly comprehensive pro-life ethic can sustain such a morally selective approach to justice.
To dig deeper on the political and policy front, I commend two writings to you: one by former FBI director William Sessions; the other by Andrew Cohen, legal analyst for CBS News. But our task here is to take up theological considerations. The parting words of Mr. Davis himself occasion such reflection. Prior to his death, Mr. Davis said the following to prison officials: “For those about to take my life, may God have mercy on your souls. May God bless your souls.” Mr. Davis’ invocation of mercy and blessing raises a deeper question: Does God’s blessing — or more fundamentally, can God’s blessing — reside over the death penalty at all?
One can imagine canonical arguments being made for the death penalty, particularly from Old Testament texts in Deuteronomy. Romans 13, moreover, is frequently cited by Christians who support the death penalty to buttress their view that the State does not bear the sword — or in this case, the tools of lethal injection — in vain. They might further add that the death penalty, rightly administered, contains deterrent value and restrains sin in a fallen world. Finally, the claim could be made — although I have not recently seen anyone explicitly for it — that a rule-of-law society demands that we enforce whatever is in the books, regardless of any private dissent such enforcement might entail. To do otherwise, according to some streams of conservative jurisprudence, would be tantamount to legislating from the bench.
While I don’t find the foregoing points to be persuasive, they are nevertheless a plausible way to construe Scripture given certain conservative commitments about law, punishment, and order. Such arguments, while canonical, are not Christological reasons. Speaking plainly, I cannot envision a Christ-centered argument for the death penalty. Allow me to briefly state my reasons.
At the most basic — and yet subversive level of memory — we recall that Christ himself was unjustly executed on a Roman cross. Neither the glory of the resurrection nor the doctrine of atonement should cause us to airbrush over the atrocity of the crucifixion. To Christians who support the death penalty, I ask: By what exegetical assumptions and theological reasoning does one distinguish the divine injunction against killing — i.e., “thou shalt not kill” — from the public administration of capital punishment, particularly in states like Texas and Georgia?
Secondly, there is the question of moral authority to administer capital punishment. With Rev. William Sloane Coffin, the ever-pithy preacher of Riverside Church, I aver: “Humanity does not possess the moral authority to kill; we only have the means.”
Ultimately, in every age, Christians proclaim the death of Jesus Christ until he comes. Penultimately, in the age of Obama, we would do well to invoke the unjust death by execution of Troy Davis until democracy comes and our criminal justice system is reformed.