A lot of attention has come to Alabama’s death penalty since Gov. Ivey recently commuted Charles “Sonny” Burton’s death sentence. Thanks to the media’s efforts, and undoubtedly spurred by the Equal Justice Initiative (EJI), Burton’s near-execution was in the national spotlight.
In Superman-like effort, the media leaped over facts and told the tallest lies, endlessly banging the drum of “he didn’t pull the trigger” and “the one who pulled the trigger didn’t get the death penalty.” But no one bothered to tell you why. What else can we expect from EJI's efforts? They are experts at distorting facts to meet their unjust ends.
It’s true, Burton did not pull the trigger. But he masterminded the robbery and held the store manager at gunpoint. He got the death penalty because of a legal doctrine called accomplice liability. This means that if you and your gang of friends are on a heist and one person in the gang commits a certain crime, so did you. Thus, if you are robbing a bank with your bros, and your bro grabs the money, but you don’t, you are still liable for theft. This is another good reason to heed the Bible’s warning about the friends you keep.
The guy who pulled the trigger, Derrick DeBruce, did get the death penalty. But the media didn’t tell you that. After receiving the death penalty, DeBruce appealed and his sentence was reduced to life without parole on federal habeas review. Not because he didn’t deserve the death penalty, of course. He would tell you this himself, except he died in prison.
DeBruce went through roughly 30 years of appeals to several courts, and his conviction was not overturned. Thus, it seems that the media, EJI, and the governor ignored the hard work of countless excellent attorneys and decided they knew better than judges and juries.
This is all past, now, and I am not going to spar with Meemaw. But I think this case has opened a broader conversation about Alabama’s death penalty.
Many sitting on death row today have been sitting there for 20 or 30 years after their sentencing. But they do not spend their time idly. They are appealing to every court through every possible avenue. Most of these cases are taken by anti-death penalty groups like EJI, not because the defendants are innocent or undeserving of death, but because these groups don’t like the death penalty.
These groups do whatever it takes to get these people off death row, claiming anything and usually in a frivolous way. This happens not because they believe they have a good faith argument, but because they don’t want these people to die by the hands of the state. Interestingly, they have no problem with how the victims died.
Judges are often little help, as they hear everything and do not issue a ruling for years. This sometimes lasts for decades, Attorney General Steve Marshall pointed out.
Then there’s the matter of execution method, which anti-death penalty groups always contest. Alabama is currently in litigation about nitrogen hypoxia as a form of execution. This is by far the most humane way of execution, but nothing will please these groups – perhaps because they can’t cheat and buy up all the chemicals as they did with lethal injections. I have little doubt the extremely skilled attorneys at the attorney general’s office will prevail in this litigation, however.
Something must give. Something must change. The legislature must step in and mitigate some of these tactics.
A law limiting how long a case can sit before a judge would make a huge difference. A judge does not need 10 years to decide a case when all the efforts of the attorneys conclude. A judge should have no more than three months to render a decision after briefing and arguments are completed. This would seriously cut down the time an inmate sits on death row.
The judiciary should also play a role, coming up with their own standards for how such things are carried out. The Alabama Supreme Court, for instance, could require a time standard on how long judges have to promulgate rulings. Furthermore, a page limitation on Rule 32 petitions would go a long way in helping judges process these more quickly. Finally, judges should impose and enforce stricter sanctions for frivolous arguments as these waste the time and resources of the judiciary.
People do not get the death penalty because they did minor crimes. They get it for brutal and depraved murders of children, friends, relatives and strangers. It is in the state’s best interest to move these executions along. It is cruel to the victims’ families to wait 20+ years to see justice.
“[The government] does not bear the sword in vain,” Romans 13:4 says. Justice demands swift action.
Laura Clark is a wife, mother, and community activist. She currently serves as the interim president of Alabama Center for Law and Liberty, a conservative nonprofit law firm that fights for limited government, free markets, and strong families in the courts. Anything written by Laura for this publication does not constitute legal advice.
The views and opinions expressed here are those of the author and do not necessarily reflect the policy or position of 1819 News. To comment, please send an email with your name and contact information to [email protected].
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