An update from Federal Death Row

By: David Paul Hammer

It has been some times since I last wrote to provide updated information about myself and happenings here on the row. Time seems to fly by, especially when one is surrounded by those condemned to die.

We currently have six men here whose appeals have been totally exhausted. Some currently have stays as litigation over the use of lethal injection continues in federal courts. Such challenges have failed in some courts such as the U.S. Court of appeals for The Eight Circuit. In a published opinion issued this summer The Eight Circuit overturned a U.S. District Judge injunction that had banned all executions in the State of Missouri. The Judge, Fernando Gaitan, Sr. had stated in his 2006 ruling that he wanted to be sure the three drug injection method did not cause the risk of pain and suffering. He wanted the state to involve a doctor specializing in anesthesia, but the state has been unable to find such a doctor willing to participate.

A three-judge panel of the appellate court on June 4 received Judge Gaitan’s ruling stating Missouri’s execution protocol “is designed to ensure a quick and painless death.” Within days of the Eight Circuit Ruling, the attorney General of Missouri petitioned the state’s Supreme Court to set execution dates for 10 condemned men. On August 8, 2007 the entire Eight Circuit Court refused to hear an appeal from the three-judge panel’s decision. This challenge now heads full speed ahead to the U.S. Supreme Court. In my opinion, and in the opinion of many attorneys with whom I discussed the matter, there’s little likelihood that the current U.S. Supreme Court will ban or restrict the use of lethal injection, if it chooses to decide the issue at all. There are several states that have suspended executions as they consider whether lethal injection is inhumane.

While the debate over this issue rages on, those under a sentence of death continue to exhaust their appeals. The most likely result being that once lethal injections are resumed, they will be carried out in assembly line fashion. I fear that those here with me will suffer this fate. I hope I’m wrong.

The conditions of confinement here on the row have gone from bad to worse in many respects. The ACLU’s National Prison Project has taken steps to address issues such as denial of adequate medical treatment, excessive noise, denial of religious services, visitation, food, and contact with attorneys and legal team members. (Click here to read ACLU’s letter)

In addition, several inmates have filed suit in federal court on their own addressing these conditions and others. My lawsuit challenging the media restriction imposed upon all federal death row inmates continues. (Click here to read my appellate brief and brief by media organizations).

Many people figure that inmates get proper medical attention because they are in custody and care of some local, state or federal government. Such an assumption is understandable, but far from reality. Here at USP - Terre Haute death row inmates are being denied medical and dental care while the warden and others turn a blind eye. Efforts to remedy this problem and to publicize it are underway, but without help from the outside we (those of us on the row) have little change of succeeding. Letters to the warden, BOP director and to the media would certainly be welcomed. (Click here for addresses). We suggest letters by mail as the warden and director are required to respond to every letter received (this is per federal statute).

On a personal note, my case is sort of on hold until after the U.S. Supreme Court returns for the 2007 term the first Monday in October. I have petition pending in that court. If it’s denied (as we all expect it to be), then the Government’s appeal will continue in the United States Court of appeals for the Third Circuit. They are appealing the District Court’s decision to grant me a re-sentencing trial. They have already filed their notice of intent to seek the death penalty again with the district court. So, it’s all about “hurry up and wait.”

My health problems are about the same. In January an eye specialist recommended that I be examined for surgery to prevent further damage to my vision as I suffer from Diabetic Retinopathy. That treatment hasn’t been forthcoming and is not scheduled. No diabetic diet is provided here, so it’s impossible to maintain a proper blood glucose level. I battle daily for appropriate medical care. I’m not alone as my attorneys and others are trying to help in the ways that they are able. I am very fortunate to have such support.

Our annual Holiday Card Project is underway. We raised over $10,000 last year with all the profits (except for $500) going to help children at risk. (Click here to receive a list of where those funds went). This year’s cards are for sale. (Click here for to review the cards and ordering information - print pdf files to order) I invite all of you to purchase our cards. We have a selection of cards, both religious and secular, and a peace card for all occasions. Peace is something the World really needs. Sharing this message of peace is a simple but powerful way to help children at risk.

The total number of men and women under a federal sentence of death has risen to 52 with several more on trial presently. There are 50 men here on the row, and 2 women being held at a Federal Prison in Texas. Our Comrade Richard Stitt was recently re-sentenced to life without parole. He was transferred last week to USP – Lewisburg. Richard is the third person to leave the row alive, since it was activated on July 13, 1999. Three others have been executed, and on is still awaiting re-sentencing. The U.S. Governments intent to use capital punishment is costing the American tax-payers hundreds of millions of dollars. With only three executions since the 1988 and 1994 enactments of federal death penalty statutes, one would be hard pressed to explain just how the cost of executing people is a prudent use of your tax dollars. I guess it’s just a drop in the budget when compared to the hundreds of billions of dollars spent on the war in Iraq .

I keep telling myself that there’s hope for a better future for this world of ours. Let us all hope that I’m right.

David Paul Hammer

September, 2007

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