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- <text id=94TT0403>
- <title>
- Apr. 11, 1994: Doubts on Death Row
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- Apr. 11, 1994 Risky Business on Wall Street
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 61
- Doubts on Death Row
- </hdr>
- <body>
- <p>Amid charges of racial bias and irregularities in the jury room,
- a former Marine is executed
- </p>
- <p>By Jill Smolowe--Reported by Lisa H. Towle/Raleigh
- </p>
- <p> William Hance's appointment with the electric chair was set
- for 7 p.m. Thursday. On Wednesday, the Georgia board of pardons
- and paroles rejected Hance's appeal for clemency. The next day,
- both a state and federal court refused to halt the execution;
- then the U.S. Supreme Court, after a two-hour stay, denied Hance's
- appeal. Soon after, Hance was strapped into Georgia's electric
- chair. At 10:10 p.m. he was pronounced dead. The legal skirmishing
- had gained him exactly 190 extra minutes of life.
- </p>
- <p> Hance became the 231st convict to be executed since the Supreme
- Court reinstated the death penalty in 1976. But this execution
- raised more disturbing questions than most. For one thing, a
- woman who was among the 12 jurors to sentence Hance to death
- in 1984 has sworn that she never concurred in the supposedly
- unanimous vote. There is also jolting evidence that race prejudice
- played a central role in the jury's deliberations. Finally,
- Hance, a black former Marine who was found guilty of bludgeoning
- to death two prostitutes in 1978, may have been mildly retarded.
- Douglas Pullen, a prosecutor who helped investigate the first
- murder case, maintains that "at the very least, this man had
- a borderline I.Q. That is not retarded." But Hance's trial in
- a military court for the second murder ended in the reversal
- of a life sentence after jurors determined that he lacked the
- capacity for premeditation.
- </p>
- <p> Two weeks ago, Gayle Daniels, the only black juror on the 1984
- sentencing panel, swore in an affidavit that she did not vote
- for execution because she "did not believe ((Hance)) knew what
- he was doing at the time of his crimes." Daniels recounted how
- jurors initially favored a life sentence. But mindful of the
- prosecutor's warning that Hance could be paroled in just a few
- years, they sent notes to the judge asking what a "life sentence"
- meant. The judge never responded. After that, several jurors
- began pushing for death. When Daniels held out, the remaining
- jurors, impatient to get home for Mother's Day, decided to tell
- the judge that the vote was unanimous. Daniels said she was
- so terrified of getting into trouble for her intransigence that
- she answered yes when the jurors were polled on their verdict.
- </p>
- <p> Her account has been corroborated by another juror, Patricia
- LeMay. In an affidavit, LeMay, who is white, also charged that
- racism played a large part in the deliberations. According to
- LeMay, comments by other jurors included "the nigger admitted
- he did it" and "he should fry."
- </p>
- <p> The Hance execution comes in the midst of growing scrutiny of
- the death penalty. A month ago, Supreme Court Justice Harry
- Blackmun wrote an impassioned dissent in which he concluded
- that "the death-penalty experiment has failed." By contrast,
- Justice Antonin Scalia, a supporter of capital punishment who
- is fed up with last-minute appeals before the court, last week
- chastised a defense lawyer for waiting too long to seek a federal
- stay for a Texas execution. That outburst came during arguments
- for a case involving a federal court's right to intervene in
- a state execution. Tempers may grow even more heated when the
- Justices begin debate on a Missouri case, accepted last week,
- that provides room for a more sweeping review of the appeals
- process. For William Hance, these deliberations will come too
- late.
- </p>
-
- </body>
- </article>
- </text>
-
-