1934: Surya Sen 1739: Two French youths who murdered Choctaws

2011: Leroy White

January 13th, 2019 Headsman

Leroy White received a lethal injection in the HuntsvilleAtmore, Alabama death chamber on this date in 2011.

White had fatally shotgunned his estranged wife but by now it’ll hardly be remembered beyond the people directly touched by this horror. Yet in its banality this case haas something to tell us about America’s shambolic death penalty system.

Although this rule changed in 2017, Alabama used to permit, and its elected judges very actively practice, overruling a jury life sentence recommendation with a harsher judgment from the bench. Something like a fifth of Alabama’s condemned prisoners were there on judge overrides.

White numbered among this misfortunate fifth, and the trial judge wasn’t the only authority in the process whose priors were stacked against Leroy White.

Post-conviction, a Maryland tax attorney who represented White pro bono withdrew from the case and neither he nor anyone else told White about it. That doesn’t even seem possible but attorneys who are overmatched, stretched thin, and even outright incentivized to screw their clients make up an essential component of the system. In this case, the secret withdrawal caused White to miss a deadline for filing an appeal.

The heroic Bryan Stevenson of the Alabama-based Equal Justice Initiative took over the case once this damage was done, but his appeal for a mulligan on the missed deadline fell on deaf ears because he

didn’t have a persuasive argument on the key issue: given more time to appeal, could he win the appeal on the merits of his case?

Stevenson said about half of the roughly 200 prisoners on Alabama’s death row were represented by a lawyer who is not allowed to spend more than $1,000 on out-of-court time working on the case, unless given permission by the trial court under Alabama indigent defense rules. He said that inequity leads to problems with the quality of assistance defendants are getting.

“The death penalty is not just about do people deserve to die for the crimes they are accused of, the death penalty is also about do we deserve to kill,” Stevenson said. “If we don’t provide fair trials, fair review procedures, when we have executions that are unnecessarily cruel and distressing, or if we have a death penalty that is arbitrary or political or discriminatory, then we are all implicated.”

White still had one last hope: a clemency grant by outgoing governor Bob Riley. Riley’s term in office ended four days after this execution, and he has had no political career since. Did he, like predecessor George Wallace, find his conscience burdened by the executioner’s office? In this precious interval released from all political pressure or consequence did he make use of a free hit at the quality of mercy? Reader, he did not — spurning a plea by the surviving daughter of both victim and killer not to give her another dead family member to mourn.

On this day..

Entry Filed under: 21st Century,Alabama,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Lethal Injection,Murder,Racial and Ethnic Minorities,Ripped from the Headlines,USA

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2 thoughts on “2011: Leroy White”

  1. Clive Dunlap says:

    Alabama’s death row is not in Huntsville. That is Texas. Alabama’s is at the other end of the state in Atmore.

    1. Headsman says:

      Ugh, what an embarrassing mistake. Thank you for correcting.

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