The 6th Circuit JUST lifted the stay of execution for Phillip Workman. He now is headed to Death Watch.
Watch the State execute an innocent man. Experts have compelling evidence that it was impossible that the bullet retrieved from the officer’s body could have come from Workman’s gun. He did not murder the man.
So yeah, killing an innocent man. These are your tax dollars at work, folks.
Filed under: Current Events, Job
[...] Ginger reports that Philip Workman’s stay of execution has been lifted: The 6th Circuit JUST lifted the stay of execution for Phillip Workman. He now is headed to Death Watch. [...]
Was he at the robbery where the man was shot?
Yes, he has always admitted that he did indeed commit the robbery. However, the law at the time of the crime was such that being there was not punishable by death.
Not only is the evidence regarding the bullet there, the person who had originally said he was an eye witness to him killing the officer later recanted the statement.
However, the law at the time of the crime was such that being there was not punishable by death.
I guess that’s what I wasn’t clear on. I thought if he was there and was an instigator of the robbery that he was then guilty of the death regardless of whether or not he fired the shot.
If he hadn’t been there robbing the place there would have been no need for police, no need for shooting, and therefore no murder during the commission of a robbery and therefore he was complicit in the death of the officer.
In some places that is grounds for the death penalty, or so I understand it.
Yes, our tax dollars at work, killing an innocent man (… and 10’s of thousands of Iraqi children). Land of the free, home of the brave.
The state has been providing three hots and a cot and legal services for 25 years. What’s the tab for that?
News 2 Me: Actually, not as much as the killing. There was a very comprehensive study on the costs of death penalty cases versus life imprisonment cases by Duke University in 1993. The cost for death penalty cases was $2.16 million more per execution than the a life imprisonment murder case. That was for the state of North Carolina. Nationally, that comes out to about $1 BILLION spent on the death penalty since the 70s. Frying ‘em is not so cheap after all.
killing an innocent man
Isn’t that a bit of hyperbole? Not guilty of capital murder maybe, but innocent?
He committed an armed robbery and a person died as a result. It is not like the man didn’t do anything.
This not a case where DNA evidence is going to exonerate him. The man committed a felony murder, by his own admission.
He may not have explicitly earned the death penalty but that’s about all you can say.
Again, the law at the time of the crime was such that what was later proven (and ignored) that he was actually guilty of was not punishable by death.
Is he innocent of killing a man with his own hand? Yes, he is. *That* is what he is being killed for.
Is he innocent of killing a man with his own hand? Yes, he is.
Is he really? He brought the gun to the business.
I honestly had no opinion about Workman before watching Sharon’s video. Then when I watched it I thought maybe he had a case. But the more I read and the more I think through it, it does seem to me that he caused the death of the police officer. He may not have SHOT the police officer. But he still caused the police officer to die.
Yes, he did bring a gun. But the law is the issue here. The State is not following their own law.
Kat–You’re probably right. However, the point is at the time he committed the crime, causing the death of a police officer by the circumstances (like the cop wouldn’t have been there if Workman wasn’t committing a robbery) was not a capital crime…only if he had shot him, which it has been proven he didn’t.
Again, it’s about due process.
Ginger, there is still a stay on the protocols through May 14.
Sharon, it doesn’t matter about the stay on the protocols where Workman’s life is concerned. The 6th Circuit overruled Judge Campbell’s move to stay the execution (so he could review the protocols). Unless the 6th Circuit is overruled, Workman will die Wednesday.
“Innocent” was a poor choice of words; “Not Guilty” of the crime for which he is about to be executed is more accurate.
Workman was found guilty of shooting and killing a police officer. Very strong evidence suggests he is not guilty of that crime. Other actions in this case (e.g. the fact that the police officer was killed during the commission of another felony) are irrelevant in this particular case.
Tennessee Supreme Court Justice Frank F. Drowota in 2001: “If he [Workman] did not fire that shot [that killed the policeman], he is not guilty of the crime for which he is scheduled to be put to death.”
Ginger,
I’m confused. The way I am reading it is the other stay is still in effect until May 14. This is from the Tennessean today. (Let me know if I am reading it wrong)
Death row inmate Philip Workman’s attempt to show he was wrongly convicted and therefore should not be executed has been rejected by a three-judge panel of the U.S. 6th Circuit Court of Appeals.
In a separate plea, Workman got a stay of execution Friday from a federal district judge in Nashville.
But the appeals court decision means that, if that judge’s stay is lifted, Workman cannot fall back on this attempt to get the conviction thrown out, one of his lawyers said Sunday night.
U.S. District Judge Todd Campbell delayed the Memphis inmate’s execution, which had been scheduled for 1 a.m. Wednesday. Campbell ruled that Tennessee’s new guidelines for executions could cause unconstitutional pain and suffering.
Campbell’s order expires May 14, when another court hearing on the method of execution is scheduled. The state is reviewing the order to decide whether to appeal it. Kelley Henry, Workman’s lawyer, said she expects the attorney general to file the appeal this morning.
Fraud claims are vague, panel rules
In the court of appeals case, Workman’s lawyers were trying to show he was falsely convicted of killing Memphis police Lt. Ronald Oliver in a shootout during a 1981 robbery of a fast-food restaurant.
They argued that the conviction was based on perjured testimony and that the state withheld evidence that would have established Workman’s innocence.
In a 2-1 opinion filed Friday, the appeals panel ruled that Workman’s claims of fraud by the Tennessee attorney general were vague and that he had little to no likelihood of success in showing the court abused its discretion.
“We’re certainly disappointed, and we intend seek a review of that opinion with a full court,” Henry said.
Henry said she would file papers this morning asking the full appeals court to hear the case.
In the decision, Senior Judge Eugene E. Siler Jr. wrote that because Workman testified at the trial that he killed Oliver, he “cannot seriously contend that his allegations have any bearing on a claim of actual innocence.”
Workman claims Oliver was killed by other officers during the shootout. His lawyers also say that Harold Davis, who testified that he saw Workman shoot the policeman, has since recanted his testimony.
Siler wrote that Workman has not shown that the testimony was materially false. He also cited the rejection of these claims by the Tennessee Court of Criminal Appeals.
Workman had chosen to be executed by lethal injection, but his lawyers say the three-drug method can leave an inmate in pain but paralyzed. Gov. Phil Bredesen ordered a moratorium on executions after reports of botched lethal injections in Florida and California.
He lifted the moratorium after state Correction Department officials rewrote the rules for lethal injections. Death penalty opponents say the new rules leave the state using the same drugs for executions.
Neither of Friday’s rulings is likely to be the end of the legal maneuvering. Workman has one more appeal pending with the 6th Circuit Court. That appeal, Henry said, is based on “new scientific evidence of innocence.”
Well if he’s not guilty of the crime for which he’s being executed, don’t execute him.
However he surely isn’t innocent.
Kat, No, he’s not innocent of the robbery. But he’s not guilty of a Capital Crime, either. That’’s why this is such an extraordinary case–it’s not just those of us who are against the death penalty in all cases involved in this, but a lot of pro death penalty people are as well because this makes the case as to why the death penalty should be abolished.
Ginger,
Here is a link to a PDF file that bans Workman from being killed before May 14. Crap. The link didn’t work. Go to Freedonian’s blog. He has the link that shows he can’t be executed until May 14.
Not guilty of the capital crime is probably a much better way to put it. He deserves a long long stretch in Riverbend, but not the juice.
but a lot of pro death penalty people are as well because this makes the case as to why the death penalty should be abolished.
???? So we pro-death penaltites want the the death penalty abolished now? ;-p I think I get what you mean. But frankly, I don’t see this as an argument for abolishing the death penalty. I see this as an argument for refining the laws for Capital Crime in Tennessee. To my mind it appears that Workman WAS guilty of Felony Murder, but not convicted of Felony Murder.
Felony Murder is NOW grounds for Capital Punishment in Tennessee. Am I correct in my understanding, Sharon and Ginger, that at the time Workman was convicted the law was different and Felony Murder was not a capital crime in Tennessee at that time?
If my understanding is correct, Workman would be reprieved solely on this technicality.
You’d think y’all would be fluent in Sharonian by now.
I think you know what I mean.
This (case) helps those of us who are against the death penalty make our case. Also, there is a truly innocent man on death row with Workman.
If Workman is executed, he’ll go down as a martyr in a very flawed system. There are just too many flaws with the death penalty, and since it is so final, there is no room for error, and in Workman’s case, there are too many errors from what actually happened, to his jury not having the facts, to the clemency board making up their mind before the hearing and bullying one of the jurors who went to them, to the fact he didn’t fire the gun. Last, but certainly not least, is cruel and unusual punishment. The protocols that were recently published (and the reason for the stay) show that one of the chemicals used to kill the person paralyzes the person but he’s fully aware of drowning in his own fluids and suffocating, but can’t say so. Vets are no longer allowed to use this chemical to put animals to sleep.
Tonight, if you can, watch Paula Zahn. She is doing her show about the chemicals used to execute inmates.
I’m guessing Ginger is over at the Belcourt. I am headed over there now. One of us or both of us will probably have more for you after hearing the lawyers speak.
One of the definitions in Webster’s dictionary:
innocent: c : free from legal guilt or fault
Let’s not cloud the real issue here with semantics.
Sharon, please see this story indicating that Workman is once again on deathwatch. Unfortunately, it is true.
Ginger,
I was on my way out to the Belcourt and got a call about this. My apologies. You are (sadly) correct. I am still confused about how this happened with the stay and the order for the Governor to stay away from Workman until the 14th and the filings that were done this morning. I’m confused. Still, it doesn’t matter because now I am also depressed.
Like you and so many people that are too numerous to mention, I’ve been on overdrive with this case for weeks, and I can’t believe I’ll be down at Riverbend tomorrow night if things don’t change.
Are you going to go to the prayer vigil if things don’t change? If you do, maybe we could drive together.
I can’t believe this.
No need to apologize, Sharon. Please. It is very confusing. See, the stay (restraining order) was issued by a lower court, and then the 6th Circuit (the higher court) overruled the lower court. So the May 14th hearing is a moot point if Workman is executed Wednesday morning.
One of the definitions in Webster’s dictionary:
innocent: c : free from legal guilt or fault
Let’s not cloud the real issue here with semantics.
I’m not. If he’s committed felony murder, Workman is not free from legal guilt or fault.
fault: 2. responsibility for failure or a wrongful act
The whole point of the doctrine of felony murder is that you are at FAULT for the death of an individual, regardless of whether or not you directly caused that individual’s death.
By creating the circumstances surrounding the death, you caused–and therefore are at fault for–the death.
It may seem like semantics, but it is the law. Law is all about semantics–in fact, it is little else.
The issue now is whether or not Workman’s conviction for felony murder is a viable one. I’ve been reading through the appeals on FindLaw, and so far I have to say that I think that Workman doesn’t have a case UNLESS he abrogates the Felony Murder aspect of his conviction. Granted, I’m not a lawyer.
Kat, indeed it is the law now.
It was not the law when Workman was sentenced to Death. That is the whole problem with the case. He was not given his due process which we are all entitled to. It’s very complicated.
I work with three lawyers, 2 of whom are on this case…I will be happy to have Diploma Boy or one of the others expound on the intricate details a bit more tomorrow if time permits. I’ve learned a lot thus far, but I am very comfortable in admitting not enough to speak much further about the complexities of this case.
I’d love to hear from your lawyers. I wanted to go to the Belcourt for the no-candles thing, but Husband took our only car to go bike riding. (Don’t ask. That makes no sense. I realise that.)
Hi Ginger:
You sure have stirred up a hornets nest on this one…
Ok. According to one of the attorneys on this case, the law is that if Workman had been an accomplice with the person who did murder the officer, it would be correct for Workman to be charged with a capital crime. But that is not what happened here. It has been later found through expert evidence that the officer was shot by friendly fire. Therefore, Workman should not be murdered tonight.
As I understand this, a police officer shoots another police officer supposedly in the line of duty but in reality because he has him in the line of fire. To make this right, the State executes Workman? Appears to me to be some flawed logic here…
the law is that if Workman had been an accomplice with the person who did murder the officer,
It looks as though that’s the defence’s interpretation of the law.
The prosecution’s interpretation of the same law of Felony Murder is that any death occuring during the commission of the felony is the legal fault and responsibility of the person who instigated the felony.
So this is pretty much another case of whose lawyer can beat up the other lawyer. It’s NOT a case of due process and and it’s NOT a case of an innocent man wrongly accused.
It’s a case about a drug addict who took a gun into a restaurant to rob it (Armed robbery) and caused a shootout whereby two policemen were shot.
We’re just arguing about who is MORE responsible for the shooting of those policemen.
…it’s NOT a case of an innocent man wrongly accused.
It’s a case of a man who is not guilty of taking a life. It is a case of a man whose life is going to be taken tonight. You can’t even give an “eye for an eye argument here”…he didn’t take a life, but his is going to be taken.
Period.
More insight: There are 2 offenses for which the Death Penalty can be the sentence: premeditated murder & when somebody is killed under the circumstance of another felony being committed and one of the agents of the crime commited the murder…in this case it would be if in the robbery an accomplice, or legal term “agent”, of Workman’s had been the one who killed the officer, he would be liable as well and a “candidate” for the death penalty. HOWEVER, the police officer from whose gun the bullet came was not an agent of Workman’s. There is not a dispute in or interpretation of the law that, with the new evidence, this is not a case of capital murder for Workman. This is not lawyer talk. It is THE LAW.
[...] speakers refer to him as ‘innocent’, yet an analysis of the facts of the case show that Workman is definitely guilty*. Lawyers have laboured for more than a decade to find a loophole in the law which would excuse him [...]
Sorry I think it is time for him to go. He has had too many 2nd chances. What about the officer who died 16yrs ago. He did not even have 1 chance. Looks to me that our tax dollars are being used to house him and give him all these 2nd chances.
Sorry I meant 26 years..
yes, but if it were you or a loved one who is being murdered by the State on incorrect evidence, you would want as many 2nd chances as you could get. It is proven that the cost of a death penalty case is much more expensive than life in prison.
I’ve posted the times and places around the State of various Churches that are holding prayer meetings tonight for Workman. (From TCASK)
Also, if you’re in Nashville, the vigil at Riverbend begins at 9:00 PM.
If you go to Riverbend, expect your car to be searched. Obviously, leave your guns and weed at home. Your person will be searched as well. If you’re like me and take a prescription medicine like Xanax, bring your prescription bottle. The guards will probably take it from you and give it back when you leave. If you can, leave that at home as well.
Whatever side of this debate you’re on, please be respectful and polite. Emotions run high on both sides, and its of the utmost importance to remain civilized while on the prison grounds. There will be both pro death penalty people and anti death penalty people there this evening. We are usually about 100 yards from each other.
If you’re in Nashville and want to go with me (if I know you) or follow me out there if I don’t know you, drop me an email.
I’ll only make one personal comment about this since I am posting the info for both sides. Still, “my” side believes that murder is revenge, not justice.
Ginger,
I don’t know a thing about this case, but am wondering: “Where’s the Cop who pulled the trigger?” I would have to question him PLENTY before putting to DEATH someone who DIDN’T pull the trigger! I would REALLY want to know why he would have “another OFFICER” in the line of Fire in the first place! HOW, WHY and EVERYthing else about him, (AND the other Officer)! They are trained SO well that you wouldn’t think such accidents would happen, would you?!!!
There will be both pro death penalty people and anti death penalty people there this evening. We are usually about 100 yards from each other.
I still can’t understand why pro-death penalty folks feel the need to attend executions.
Kat,
Some pro death penalty people go to cheer at the time of execution.
Some pro death penalty people go to cheer at the time of execution.
That’s sick and wrong.
To clarify:
You can believe that something MUST be done without being happy about having to have it done.
Kat,
I believe with all of my heart that you would not cheer, or even be happy about it, but sadly, that is why the majority of pro death penalty people go.
UPDATE on location of the vigil this evening. It won’t be on the grounds, but outside the gates just past the gates, so you don’t have to worry about being searched.
Still, leave the guns and weed at home “just in case.”
State troopers will be outside the gates with the protesters, and they will probably direct everyone where to park.