Press Release; No Death Penalty for Zolo!

CONTACT: Howard Emmer 773-425-6716

Indiana Supreme Court in a 3 to 2 decision allows the State of Indiana to seek the death penalty for the third time in the case of Zolo Agona Azania.

Indianapolis — On Thursday, May l O, 2007 the Indiana Supreme Court reversed Boone County Superior Court Judge Steve David's ruling that barred the state of Indiana from pursuing the death penalty in the case of Zolo Azania. Lake County Prosecutor Bernard Carter appealed Judge David's ruling and that resulted in oral arguments before the Indiana Supreme Court on June 27^th, 2006. Zolo, who was convicted of murder in 1982, has spent the last 26 years in Indiana prisons, most of that time on death row. Twice the state has had Zolo's death penalty verdict overturned by the Indiana Supreme Court due to: prosecution's suppression of evidence favorable to the defendant, ineffective assistance of counsel, and systematic exclusion of African Americans from the jury pool.

In Judge David's ruling, he argued that the state could not seek the death penalty against Zolo a third time because of the length of time that had passed since the crime was committed (24 years at that time), and that the delay was caused primarily by the state. Many of the witnesses, material and character, are now deceased and much of the evidence is either missing or destroyed. David also found that a jury at a third sentencing trial would be unduly focused on the "future dangerousness" of the convicted, depriving Zolo of an unprejudiced decision by the jury. Judge David concluded that society's interest would be best served by barring the state from a third death sentence.

The majority opinion, written by Justice Sullivan and supported by Chief Justice Shepard and Justice Dickson, tries to blame Zolo Azania for the 25 year delay by having the audacity to file appeals to his conviction and death sentence which ultimately exposed mistakes and misconduct by the prosecution in his trials. As stated above, it was this same Indiana Supreme Court that found there was just cause for these appeals. To now blame Zolo for the delays caused by pursuing them is tantamount to blaming the victim.

Justices Boehm and Rucker both wrote dissenting opinions supporting Judge David's ruling. In his dissenting opinion Justice Boehm found the majority opinion's arguments for attributing the delays to Zolo as "both novel and indefensible". Justice Rucker was troubled by the inordinate delay (25 yrs plus) affecting Zolo's ability to produce character witnesses and cross examine state witnesses.

The state of Indiana has already convicted and held Zolo for over 25 years for a crime in which he has always maintained his innocence. It is only fair that it drops its pursuit of the death penalty that is cruel, inhuman, racist and has no place being used in a civilized society.

Zolo's lawyers are considering a petition for certiorari to the United States Supreme Court.

More information about Zolo's case can be obtained at www.zoloazania.org. 

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