BUSH CHALLENGED ON RACIAL COMPOSITION OF FEDERAL DEATH ROW INMATES AS MEXICAN-AMERICAN, JUAN GARZA, MAY NOW BECOME FIRST PERSON EXECUTED BY U.S. IN 38 YEARS

Diverse Group of Prominent Americans Urges President to Halt Federal Executions Citing Racial and Geographic Disparities in Death Penalty Process

Ashcroft Backs Off From Confirmation Promises on Study of Death Penalty and Race

Washington, D.C., June 4th, 2001: - A diverse group of prominent Americans have called upon President Bush to declare a moratorium on federal executions before June 19th, 2001; the date Juan Garza -- one of 21 federal death row inmates -- is scheduled to be executed. Juan Garza's execution would take place before a review of bias in the federal death penalty system begun by the last administration is completed. Members of Citizens for a Moratorium on Federal Executions (CMFE) include former Justice Department officials, civil rights, and civic and religious leaders, and both opponents and supporters of the death penalty. (See enclosed letter.)

Last November, the CMFE wrote President Clinton urging him to halt all federal executions in the wake of a September Justice Department study of the administration of the federal death penalty. The Justice Department's internal survey revealed stark racial and regional disparities in the Government's decision to seek the death penalty in federal cases. Nearly 70% of federal capital defendants are Black and Hispanic, and less the one-third of the states are responsible for over half of the capital prosecutions in the federal system. In his clemency application to President Clinton, Mr. Garza, a Mexican-American prosecuted in federal court in Texas, listed over two dozen federal cases with facts more egregious than those in his case where the Government did not seek the death penalty, or entered into a plea bargain to forego capital punishment.

Five days before his previously scheduled execution date of December 12, 2000, President Clinton granted Mr. Garza a six-month reprieve. He granted the reprieve "to allow the Justice Department time to gather and properly analyze more information about racial and geographic disparities in the federal death penalty system." President Clinton concluded, "The examination of possible racial and regional bias should be completed before the United States goes forward with an execution in a case that may implicate the very questions raised by the Justice Department's continuing study. In this area there is no room for error."

Attorney General John Ashcroft stated, during his confirmation hearings, that he was deeply troubled by evidence of racial disparities in the use of the federal death penalty and that he supported a "thorough study of the system." In January, the National Institute of Justice [NIJ] began preparations for just such a comprehensive examination, which would have included the participation of outside experts. However, recent news reports suggest the Justice Department has no commitment to pursue the NIJ study, a conclusion supported by Attorney General Ashcroft's recent comment that "[he knows] of no reason not to proceed with the Garza execution."

The CMFE letter also cites the FBI's failure to provide defense counsel for Timothy McVeigh with thousands of documents to which they were entitled as "[having] further shaken confidence in the reliability and fairness of the federal death penalty" and reminds the President of his stated commitment to a "system [that is] fair." According to Hugh B. Price, the President of the National Urban League and one of the signatories of the CMFE letter, "The circumstances surrounding the death sentence of Juan Garza, require, at a minimum, further study to ensure the fairness that President Bush acknowledges is necessary in the federal death penalty process." Mr. Price said, "Unless the President declares an immediate moratorium on all federal executions, the American people cannot be assured of the reliability, fairness and equality of the federal death penalty system."

The appeal to President Bush comes as public support for the death penalty continues to decrease. CMFE's call to the White House echoes voices heard across the political spectrum, questioning the fairness and reliability of the death penalty process.

CONTACT: David Lerner, Riptide Communications (212) 260-5000

 

 
 

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