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Alabama governor refuses to hear evidence in case scheduled for execution next week
Posted: September 19, 2007 6:12 pm
Alabama Gov. Bob Riley today refused to discuss DNA testing in the case of Thomas Arthur with Innocence Project Co-Director Peter Neufeld and Staff Attorney Olga Akselrod. Arthur is scheduled to be executed next week for a murder he has always said he didn't commit. The Innocence Project doesn't take a position on Mr. Arthur's guilt or innocence, but says the state should test key DNA evidence in the case before executing a man who says he is innocent.
Less than two months ago, Riley allowed Darrell Grayson to be executed over the calls of several groups, including the Innocence Project, to first test DNA evidence in his case that could prove innocence or guilt.
"Our concern is that biological evidence may exist that could be subjected to DNA testing and prove whether or not (Arthur) is guilty," Innocence Project Co-Director Peter Neufeld said today. "Governor Riley this afternoon refused to even meet with us to get a clearer understanding of what DNA testing could show in this case and why testing should be conducted. Rather than looking at the science, he is burying his head in the sand."And a column in Sunday's Birmingham News calls for Riley to "do the right thing."
Read the full Innocence Project press release here.
Defense lawyers are pleading with Gov. Bob Riley to do the right thing, to order tests using the DNA technology not available when Arthur was convicted of killing Troy Wicker in Muscle Shoals.
Riley should do it. Even the victim's sister, Peggy Wicker Jones, is supporting the effort. "I would like to have as much information as possible about what happened on the day my brother Troy was murdered," she said in a statement provided to the governor.
Read the full column here. (Birmingham Daily News, 09/16/07)
Tags: Tommy Arthur
Breaking news: Alabama Gov. delays execution for 45 days
Posted: September 27, 2007 1:49 pm
Alabama Governor Bob Riley today granted a 45-day stay of execution for death row inmate Thomas Arthur, who was scheduled to die tonight at 7 p.m. Riley said he was granting the stay due to pending questions about the state’s lethal injection procedures.
Read more. (Associated Press, 09/27/07)
Read today's Innocence Project press release on the case.
Tags: Tommy Arthur
Alabama editorial: No excuse not to allow DNA testing in death row case
Posted: September 28, 2007 1:47 pm
Yesterday, Alabama death row inmate Thomas Arthur came within hours of execution before Gov. Bob Riley ordered a 45-day stay in his execution. Riley said he was ordering the delay because the state was adjusting its lethal injection procedures, but the Innocence Project called on state officials to use this time to allow DNA testing that could prove Arthur’s innocence or guilt. The Birmingham News agreed with the Innocence Project this morning in an editorial, calling for Riley to order the DNA tests.
This 45-day period is more than enough time for Riley to order DNA testing on biological evidence in Arthur's case, which was prosecuted before today's scientific methods were developed.Read yesterday’s Innocence Project press release on Thomas Arthur’s case.
The nonprofit Innocence Project of New York has said the results could be available in a couple of weeks, and the testing would come at no cost to the state. Even Wicker's family has expressed support for DNA testing; Arthur's case contains enough weird elements to justify some doubts.Riley did the right thing in delaying the execution. Now, he has a perfect opportunity to go a step further and order DNA tests. As the Innocence Project said Thursday in a statement, there's no excuse not to.
Read the full editorial here. (Birmingham News, 09/28/07)
Tags: Death Penalty, Tommy Arthur
Innocence Project calls on Alabama governor to stop execution and grant DNA tests
Posted: December 3, 2007 5:25 pm
The execution of Alabama death row inmate Tommy Arthur is set for Thursday, despite a pending appeal before the U.S. Supreme Court and the Innocence Project’s repeated requests that Gov. Bob Riley stop the execution and order crucial DNA testing that could prove Arthur’s innocence or guilt.
Read a new letter from the Innocence Project to Alabama Gov. Bob Riley, as well as more of today’s breaking news on the case here.
Updates will be posted throughout the week here on the Innocence Blog.
Tags: Death Penalty, Tommy Arthur
U.S. Supreme Court refuses to hear DNA appeal from Alabama death row inmate
Posted: November 26, 2007 4:18 pm
The U.S. Supreme Court today refused to hear the case of Thomas Arthur, who has claimed his innocence throughout the 25 years he has spent on Alabama’s death row. Arthur is seeking DNA testing in his case and the Innocence Project has advocated on his behalf. State and federal courts have denied Arthur’s appeals, and Gov. Bob Riley has refused to halt the execution so that testing can proceed.
Arthur’s execution is set for December 6, despite the fact that he has been denied access to DNA testing that could prove his innocence. Click here to read more about his case.
Tags: Death Penalty, Tommy Arthur
Alabama editorial: Death row DNA refusal is mind-boggling
Posted: November 29, 2007 1:45 pm
An editorial in today’s Birmingham News again calls on Alabama Gov. Bob Riley to delay the execution of Thomas Arthur to allow for DNA tests in his case. The Innocence Project does not represent Arthur and doesn’t take a position on his guilt or innocence, but we have asked Riley to grant the testing. In September, Innocence Project Co-Director Peter Neufeld asked Riley to seek the full truth in Arthur’s case before putting him to death.
Earlier this month, the Innocence Project wrote to Riley’s policy director, who had requested guidance on how the governor’s office should approach requests for post-conviction DNA testing in capital cases. After outlining general guidelines, the Innocence Project again requested testing in Arthur’s case. “We believe that the Arthur case easily fits within the category of cases where DNA testing should be granted,” the letter said. “Here, science is capable of determining the truth. In fact, DNA testing has the potential to conclusively prove that Mr. Arthur was not the perpetrator of this crime and to identify the real killer.”
Today’s editorial calls on Riley to act now:
Had the technology existed at the time of his trial, surely DNA tests would have been conducted on the evidence, which includes hair and semen. It's routinely used now on the front end of criminal cases to confirm guilt or to eliminate suspects.
It boggles the mind, then, that the state of Alabama won't order DNA tests before proceeding to execute Arthur on Dec. 6.
True, the U.S. Supreme Court this week denied Arthur's legal bid for DNA testing. But the courts are bound by legal timelines and rules. We may not always like those constraints, but at least we can see the reasoning behind the decision.
Gov. Bob Riley is under no such rules. He can order DNA testing in this case, and there's no good reason for him not to do it.
Read today’s full editorial. (Birmingham News, 11/29/07)
Tags: Death Penalty, Tommy Arthur
U.S. Supreme Court delays Alabama execution; take action today to help secure DNA testing
Posted: December 6, 2007 1:35 pm
The U.S. Supreme Court yesterday delayed the execution of Tommy Arthur in Alabama due to challenges to the constitutionality of lethal injection methods. Arthur, who says he is innocent, has been opposed by Alabama officials multiple times in his quest for DNA testing on biological evidence collected at the crime scene. The Innocence Project, which doesn’t represent Arthur, has called on Alabama Gov. Bob Riley to grant DNA testing to Arthur, but Riley has refused. Now, the Supreme Court has delayed the execution, leaving plenty of time for testing to be conducted. Click here to download today's letter to Riley, along with others sent over previous weeks, and to get more background on the case.
We need your help. You can help show Riley that the public – in Alabama and across the country – is watching. It’s your turn to call on Riley to grant justice to Tommy Arthur.
Send Riley an email right now explaining why it’s important to you that Alabama learns the truth in Arthur’s case before executing him. After you send an e-mail, write to your friends, family and contacts and ask them to take action, too. Here's a link to the email form you can copy send to your friends - http://www.innocenceproject.org/testing-for-tommy
Tags: Tommy Arthur
Birmingham News calls on Gov. Riley to Order DNA Testing for Tommy Arthur
Posted: December 10, 2007 2:20 pm
Following the U.S. Supreme Court’s order last week delaying the scheduled execution of Tommy Arthur in Alabama, the Innocence Project called on Governor Bob Riley to order DNA testing in the case that can resolve serious questions about Arthur’s guilt or innocence. Last week, the Innocence Project launched a web-based campaign to mobilize people throughout Alabama and nationwide to write to Riley and call for DNA testing in the case.
An editorial in today’s Birmingham news echoes the call for testing and asks Riley to act now while the execution is already delayed.
Testing the DNA isn't going to hold up the execution any longer than it is already being held up. A test that confirms Arthur's guilt will merely remove one less concern when states get a green light to resume executions. A test that raises questions about Arthur's guilt will indeed open a whole new can of worms - but it's a can that should be opened before Arthur is put to death for a crime he insists he did not commit.It isn’t too late to join the effort. If you haven’t yet sent an email to Gov. Riley you can do so now by following this link.
Riley is called on to make many difficult decisions as governor. But this isn't a difficult one. Riley should order DNA testing for any Death Row inmate who disputes his guilt and whose case involved evidence that could be screened.
Read today’s full editorial. (Birmingham News, 12/10/07)
After you send an email, write to your friends, family and contacts and ask them to take action, too. DNA testing wasn’t available at the time of Arthur’s trial, but now this technology can help reveal the truth and ensure that Alabama does not execute an innocent man.
Tags: Tommy Arthur
Alabama editorial: DNA testing should be conducted in Tommy Arthur's case
Posted: December 19, 2007 2:18 pm
Alabama should reconsider its death penalty while executions in the state – and nationwide – are on hold pending a U.S. Supreme Court decision on lethal injections, a major Alabama newspaper said today. An editorial in today’s Tuscaloosa (Alabama) News calls for DNA testing for death row inmate Tommy Arthur and goes on to consider waning national support of capital punishment, the cost of the practice and the risk of executing an innocent person.
Certainly some people were wrongly put to death before DNA testing became available in the mid-1980s. In all likelihood, others on death row now would be exonerated if DNA testing could prove guilt or innocence in their cases….The Innocence Project has called for Alabama Gov. Bob Riley to grant DNA testing in Arthur’s case, and you can get involved today – it just takes 30 seconds to send an email to Riley. Click here to send your personalized email right now.
The U.S. Supreme Court has refused to reconsider DNA testing for Tommy Douglas Arthur, who waits on death row in Alabama for a 1982 murder in Muscle Shoals. The court found that Arthur missed a deadline in filing his appeal. His execution is on hold while the court considers lethal injection challenges. Amazingly, this state doesn't require DNA testing for murder defendants, even though the tests may provide the most reliable way to determine guilt or innocence.
Read the full article here. (Tuscaloosa News, 12/19/07)
Tags: Death Penalty, Tommy Arthur
Death row exonerees call on Alabama governor to grant DNA test
Posted: December 20, 2007 6:06 pm
Six men who served decades on death row before DNA testing proved their innocence today called on Alabama Gov. Bob Riley to grant DNA testing to Tommy Arthur before allowing the state to execute a man who could be innocent. Arthur has claimed his innocence for nearly a quarter-century on death row, but the courts and Riley have repeatedly denied him access to the DNA tests that could show his innocence or guilt.
The six death row exonerees wrote: “If we had never been granted DNA testing, we might not be alive today. Few people have been in Mr. Arthur’s position, but we have and that’s why we’re appealing to you to order DNA testing in this case. His execution has been delayed by the U.S. Supreme Court for other reasons, leaving plenty of time for DNA testing to be completed if you order it now.”And more than 1,200 people have sent emails to Gov. Bob Riley urging him to grant testing in Arthur’s case. Dozens of people are sending emails to Riley today – join them now and speak up for truth in justice.
Read their full letter here.
Tags: Tommy Arthur
Alabama Gov. says he can't order DNA tests for Tommy Arthur, Innocence Project disagrees
Posted: December 31, 2007 2:44 pm
Alabama Gov. Bob Riley said in an interview this week that he doesn’t have the authority to grant DNA testing in the case of death row inmate Tommy Arthur. But other governors have ordered DNA testing in death row cases, and Riley hasn’t tested the law in his state. The Innocence Project, which doesn’t represent Arthur, has been calling on Riley to grant testing that could prove Arthur’s innocence.
(Innocence Project Communications Director Eric) Ferrero said while the constitution may not explicitly state the governor has such power, other governors, such as Florida's Jeb Bush and President Bush, when he was governor of Texas, have ordered DNA testing in death row cases.
"Neither of them had an explicit law that said they could do that, but they did. They just felt they had the moral obligation to do that," Ferrero said. "Governors have considerable leeway in cases like this.
Read the full article here. (Montgomery Advertiser, 12/29/07)More than 1,400 people have sent emails to Gov. Riley calling on him to order the DNA tests that can prove Arthur’s innocence of guilt. Use our form to send your own email now – it takes just 30 seconds.
Read more about Tommy Arthur’s case here.
Tags: Alabama, Death Penalty, Tommy Arthur
Alabama column: Is Gov. Riley powerless or gutless?
Posted: January 7, 2008 1:48 pm
A column in yesterday’s Birmingham News criticizes Alabama Gov. Bob Riley for his failure to grant DNA testing that could show the guilt or innocence of death row inmate Tommy Arthur. Riley recently said he didn’t have the authority to order the tests, but state Attorney General Troy King wrote in a brief last year (in another case) that "if the Governor wants DNA testing, the Governor gets DNA testing."
Innocence Project Co-Director Peter Neufeld called Riley’s claim to lack authority a “mean-spirited lie” and said that the governor was “elevating political expediency over matters of life and death.” In yesterday’s column, Robin DeMonia writes that “Riley could do it. Either he doesn't want to, or he doesn't have the guts.”
Read the full column here. (Birmingham News, 01/06/08)
Using our easy form, nearly 1,500 people have sent emails to Gov. Bob Riley calling on him to grant DNA testing in Arthur’s case. Send Gov. Riley an email today – it takes only 30 seconds.
Tags: Tommy Arthur
Editorial: Alabama needs to join 43 states in granting access to DNA testing
Posted: March 25, 2008 2:51 pm
An editorial in yesterday’s Birmingham News calls on Alabama lawmakers to create a system allowing prisoners to apply for DNA testing that can definitively prove innocence or guilt. Earlier this month, Wyoming became the 43rd state to pass a DNA access law, and South Carolina lawmakers advanced similar legislation. The Birmingham editorial calls the bill “honorable” and says it would ensure that Alabama tax dollars are not going to keep an innocent person behind bars.
For several years running, state Sen. Hank Sanders, D-Selma, has introduced a bill that would establish a legal procedure for inmates to get DNA tests. This year is no exception. But as in past years, the measure doesn't appear to be a big priority for our lawmakers. That's a shame.The seven states without laws granting access to DNA testing are: South Carolina, Alaska, Alabama, Massachusetts, Mississippi, Oklahoma and South Dakota. But not all laws are equal – does your state go far enough to provide DNA testing access to prisoners? Check our interactive map to learn more.
Providing inmates a forum to prove their innocence isn't a way to coddle criminals. It's a way to ensure the right people are locked up for the right crimes. If one person is wrongly convicted of a crime, it stands to reason that another person has wrongly escaped punishment for it.
Read the full editorial here. (Birmingham News, 03/25/08)
Tags: Access to DNA Testing, Tommy Arthur
Death row inmates deserve DNA testing
Posted: April 24, 2008 3:16 pm
In the wake of last week’s U.S. Supreme Court decision allowing lethal injections to continue in Kentucky – and therefore nationwide – Alabama authorities have asked for an execution date for inmate Tommy Arthur, who is seeking DNA testing on evidence that could prove his innocence. The Innocence Project is assisting in his case.
An editorial in yesterday’s Tuscaloosa News expresses the regret – shared by many in Alabama and around the world – that the pause in executions didn’t bring about a reexamination of the death penalty and the possibility of executing an innocent person.
Vengeance can be the only explanation for the state's eagerness to resume executions as soon as possible after last week's U.S. Supreme Court ruling that lethal injections do not constitute cruel and unusual punishment. We have had almost two centuries of legal executions in Alabama. In all of that time, no one has shown that the death penalty is a deterrent to crime.Advocates for sound science and fair justice have sent thousands of email to Alabama Gov. Bob Riley urging him to order DNA testing for Arthur before executing a man who may be innocent. Read more about Arthur’s case and send an email to Riley here.
We had hoped, naively perhaps, that Alabama's leaders would use the national hiatus on the death penalty as a time to launch a re-examination of the state's flawed capital punishment procedure. That won't happen.
For now, at least, vengeance and political expedience have trumped science and conscience.
Read the full story here. (Tuscaloosa News, 04/23/08)
Tags: Tommy Arthur
Still no DNA test for Alabama man; July 31 execution date set
Posted: July 8, 2008 2:48 pm
Tommy Arthur has been on Alabama’s death row for most of a quarter-century, and he has maintained his innocence the entire time. Now, Alabama officials say they plan to execute him on July 31st, and the possibility looms that he could be executed without a DNA test that could show whether he is guilty or innocent. Alabama Gov. Bob Riley has the power to order DNA testing in this case before the state carries out a sentence it can’t reverse, but he has said he that he won’t order the tests.
Take 30 seconds today and send Riley an email urging him to order DNA testing Arthur’s case. Riley has the authority to order testing – just as George W. Bush did in another case when he was governor of Texas, and other governors have done in similar cases – and he needs to hear that the public expects him to meet his moral and ethical obligation.
Tags: Alabama, Tommy Arthur
Alabama column: Why no DNA testing for Tommy Arthur?
Posted: July 11, 2008 4:10 pm
"It seems a simple thing. Before the state of Alabama executes someone, it should leave no room for doubt about a person's guilt," columnist David Person writes in today’s Huntsville Times.
Tommy Arthur has been on Alabama’s death row for 25 years for a murder he has always said he didn’t commit. Gov. Bob Riley has the right to order a DNA test on his behalf. George W. Bush ordered testing for a prisoner when he was governor of Texas. But Riley has refused to grant access to testing, and Arthur is scheduled to be executed on July 31st.
Alabama is one of seven states that doesn't provide access to DNA testing for capital cases. What's shameful about this is that DNA testing not only can exonerated the wrongly convicted, it can help identify the true perpetrators.Your voice can help obtain DNA tests for Arthur before the state of Alabama carries out a sentence it can never reverse. Send Gov. Riley an email today.
How many people walk our streets with blood on their hands, rapists or murderers who should be locked up for life, only because we've refused to use DNA testing?
If I were governor, I wouldn't want to live with that. Neither, I'd like to think, would Riley.
Read the full column here. (Huntsville Times, 07/11/08)
Tags: Tommy Arthur
With execution scheduled for next week, Alabama man again requests DNA testing
Posted: July 23, 2008 10:10 am
Tommy Arthur has spent 25 years on Alabama’s death row for a murder he has always said he didn’t commit. Again this week, his lawyers filed court papers requesting DNA testing at the defense's expense. The filing requests a stay if the testing can not be completed by Arthur's scheduled execution date of July 31. The Innocence Project has consulted with Arthur's attorneys on the case, and thousands of supporters have sent emails to Alabama Gov. Bob Riley calling on him to order DNA testing for Arthur. Send your email today.
Read more about Monday's filing by Arthur's attorneys. (The Birmingham News, 07/23/08)
Tags: Alabama, Tommy Arthur
New developments in Alabama case; Governor should stay execution to conduct DNA testing
Posted: July 30, 2008 11:55 am
Tommy Arthur has been on Alabama’s death row for a quarter-century for a murder he says he didn’t commit. He is scheduled to be executed tomorrow night, and the Alabama Supreme Court rejected one of his final appeals yesterday by a 6-2 vote. But new evidence surfaced yesterday, and it makes an irrefutable case for conducting DNA testing in the case.
Another Alabama inmate has confessed to killing Troy Wicker in exchange for $2,000, according to court papers filed yesterday, and DNA testing could prove whether his claim is true. Bobby Ray Gilbert says he killed Wicker in exchange for $2,000 from Wicker’s wife, with whom he was having an affair at the time. He says he had sex with Wicker’s wife after the crime and that he also wore a wig that day. Police collected the wig, and a rape kit containing biological evidence was collected from Wicker’s wife at the hospital. Both items of evidence are still available for testing.
The State Attorney General discounted the new evidence and said the execution should go forward.
More than 3,000 people have sent emails to Alabama Gov. Bob Riley urging him to stay Arthur’s execution in order to conduct DNA testing. It takes just one minute and your voice can make the difference – send your letter today.
More news coverage of developments in Arthur’s case:
Birmingham News editorial: Thomas Arthur is to be executed Thursday for a murder another prisoner now claims he committed. Clearly, these claims must be investigated before the execution occurs. (07/30/08)
Birmingham News: Convicted murderer serving life says he, not Thomas Arthur, killed Troy Wicker Jr. in 1982 (07/30/08)
Letters to Birmingham News
Associated Press: AG, victim’s wife dismiss claims in Wicker death
Tags: Alabama, Tommy Arthur
Alabama execution stayed
Posted: July 30, 2008 8:30 pm
The Alabama Supreme Court voted 5-4 today to stay the execution of Tommy Arthur, which had been set for 6 pm CST tomorrow.
Read today's breaking news here. (Gadsden Times, 07/30/08)
There is still no plan to test the DNA evidence that could prove Arthur's innocence. Send Gov. Bob Riley an email urging him to order the testing here.
Tags: Tommy Arthur
Update: Media coverage of stay in Alabama case
Posted: July 31, 2008 10:15 am
Yesterday, Tommy Arthur’s execution (previously set for today) was stayed by the Alabama Supreme Court. Read media coverage of the developments below.
Your voice can help obtain justice for Arthur. Join thousands of Innocence Project supporters in sending an email urging Gov. Bob Riley to grant DNA testing now that the execution is stayed.
Media coverage:
New York Times: Court votes to Postpone an Execution in Alabama
Birmingham News: Court delays execution, state can’t find rape kit evidence
Birmingham News Editorial: Court had ample reasons to block today’s execution
Associated Press: Supreme Court postpones execution
Tags: Alabama, Tommy Arthur
Alabama authorities can’t find evidence in Arthur case
Posted: August 4, 2008 3:05 pm
Tommy Arthur came within hours of execution for the third time last week, before the Alabama Supreme Court blocked the execution so it could review new evidence that another inmate confessed to committing the murder for which Arthur is in prison. And a state prosecutor has now admitted that the rape kit – including key biological evidence from the crime scene – is lost.
An editorial in Sunday’s Tuscaloosa News calls on Alabama officials to improve evidence preservation to avoid injustices like this in the future.
The lapse is stunning. Alabama has never provided adequate funding for criminal investigation — the Department of Forensic Sciences has been particularly shortchanged — yet we have one of the highest-paid attorneys general in the country. Arthur's attorney, Suhana Han, wants to know why King's office is only now inquiring about the rape kit when defense lawyers have been litigating for it since 2002.
Read the full editorial here. (Tuscaloosa News, 08/02/08)
The Innocence Project has consulted on this case with Han and Arthur’s other attorneys. There is other evidence to be tested in the case even if the rape kit is not found, and thousands of Innocence Project supporters have spoken up on Arthur’s behalf in recent days, sending emails to Alabama Gov. Bob Riley urging him to order testing in the case. Send your email now.
Read more:
Times Daily: Arthur’s legal battles far from over
Tags: Tommy Arthur
Evidence preservation in Alabama raises more questions about death row case
Posted: August 19, 2008 12:45 pm
After years of denying DNA testing to Thomas Arthur, who faces execution for a murder he says he didn’t commit, Alabama’s Attorney General now claims that the evidence in the case is missing. Last week the Innocence Project wrote a letter to Gov. Bob Riley calling on him to intervene with a thorough search and inventory of all the agencies that may have been in possession of the evidence at some time.
The Tuscaloosa News reports that there are individual agencies in Alabama that have procedures and protocols for preserving evidence, filling the gap left by lack of a state law and providing plenty of places to look for evidence in Arthur’s case.
Although Alabama has no criminal statute that specifically addresses the issue, Rules of Appellate Procedure authorized by the state Supreme Court require circuit clerks to keep all evidence used during a trial and an index in the court file indicating where the evidence is stored.Individual law enforcement agencies also have taken matters into their own hands.
Investigators with the Tuscaloosa County Metro Homicide Unit document any pieces of evidence they collect, and document what it is and where it was collected before handing it over to the department's evidence custodian. The custodian enters the evidence into a computer, then prints a bar code and uses it to tag the evidence. Using this system, the custodian is able to find out where a piece of evidence is stored, when it is moved and when it is turned over to the court system.The Innocence Project maintains that the state Attorney General’s office has not conducted a thorough search for evidence in Arthur’s case. In an affidavit filed several weeks ago, the Attorney General’s office said it started looking for the evidence just six months ago – even though Arthur first requested DNA testing six years ago. The Attorney General’s office made a couple of phone calls to ask agencies if they had the evidence, then deemed it “missing” based on those phone calls. Apparently, no attempt has been made to find documentation of the evidence whereabouts or to access the index described in the Tuscaloosa News’ reporting.
Read the Tuscaloosa News article.
Read more about Thomas Arthur’s case.
Does your state have a law on evidence preservation? Find out on our interactive map.
Tags: Alabama, Evidence Preservation, Access to DNA Testing, Tommy Arthur
Alabama Supreme Court denies request to set execution date
Posted: September 25, 2008 3:02 pm
Tommy Arthur has been on Alabama’s death row for a quarter century for a murder he has always said he didn’t commit. In July, he came within hours of execution for the third time, before the Alabama Supreme Court voted 5-4 in favor of a stay while a lower court determined whether Arthur should get DNA testing or not. The Innocence Project has consulted with Arthur’s attorneys, and supports the DNA testing that could prove Arthur’s innocence or guilt.
On Tuesday, the Alabama Supreme Court again ruled in Arthur’s favor, rejecting an appeal from Alabama Attorney General Troy King to set an execution date for Arthur. The Supreme Court decided 6-2 that the state must wait for the Jefferson County Court to rule on the DNA testing claim before it set an execution date.
Read the full story here. (Birmingham News, 09/25/08)
Thousands of Innocence Project supporters have sent letters to Alabama Gov. Bob Riley, urging him to order DNA testing for Tommy Arthur. Send your letter today.
Download recent filings in the case.
Tags: Alabama, Death Penalty, Tommy Arthur
Alabama Man Still Pursuing Evidence for DNA Testing
Posted: January 6, 2009
The Tuscaloosa News reports that Thomas Arthur's attorneys are still pursuing DNA tests to prove his innocence in a 1982 murder in Alabama.
Arthur, who faces execution for the murder of Troy Wicker, has been on Alabama’s death row for a quarter century. Last September, the Alabama Supreme Court delayed Arthur’s execution and said the state must wait for the Jefferson County Court to rule on the DNA testing claim before it can set an execution date. Last fall, the state claimed that evidence in the case is missing – the first time the state has made such a claim, even though Arthur has been requesting DNA testing on the evidence for years. Arthur's attorneys are requesting a thorough, state-wide search for the evidence, which has not been conducted.
Although there was no DNA evidence used in the original, largely circumstantial prosecution, Arthur's attorneys are asking the state for a rape kit of the victim's wife, Judy Wicker, which was collected after the murder.
“The invaluable role of DNA testing in this case cannot be seriously disputed,” [attorney Jordan] Razza wrote. “This court should therefore direct the state to undertake a thorough search, and to the extent that it is still unable to find the rape kit, Mr. Arthur requests discovery relating to this issue.”
Attorneys at Sullivan & Cromwell represent Arthur; the Innocence Project is assisting in the case. Arthur's attorneys also want the court to listen to a confession made by inmate Bobby Ray Gilbert, who confessed to the murder of Troy Wicker. He also said he had sex with Judy Wicker on the day of the crime.
Judy Wicker initially told police that a man broke into her home, raped her and killed her husband. Police did not believe her, and she was convicted of killing her husband. Only then, in a deal for a reduced prison sentence, did she change her story and claim that Arthur committed the crime. DNA testing could show that her initial story was true, or it could show that Gilbert’s confession is accurate.
Read the full story here. (Tuscaloosa News, 1/5/09)
To see what kind of access inmates have to DNA testing in your state, visit our interactive map.
Tags: Alabama, Evidence Preservation, Access to DNA Testing, Eyewitness Misidentification, Death Penalty, Tommy Arthur
DNA Testing Granted in Alabama Death Row Case
Posted: April 16, 2009 6:15 pm
An Alabama judge ordered DNA testing Wednesday in the case of a man who has been on death row for a quarter-century for a murder he says he didn’t commit. Tommy Arthur has been seeking DNA tests for years but has met resistance from prosecutors and state officials. The Innocence Project has consulted with Arthur’s attorneys on the case and has called for DNA testing that could prove Arthur’s guilt or innocence. Thousands of Innocence Project supporters have also written to Alabama Gov. Bob Riley urging him to grant DNA testing in the case.
Arthur returned to court Tuesday as his attorneys asked Jefferson County Circuit Court Judge Teresa Pulliam to consider new evidence, including the confession of Bobby Ray Gilbert, who claims to have killed Wicker. The hearing was in Birmingham because Arthur's most recent trial took place there in 1991.
After listening to more than 10 hours of testimony in two days, Pulliam ordered testing on a wig prosecutors claim Arthur wore while shooting Wicker, a human hair found on a house shoe at Wicker's home and the blouse, jeans and panties worn by Wicker's wife, Judy, to determine if they contain DNA from Gilbert or Arthur.
Read the full story here. (Times Daily, 04/16/09)
Tags: Death Penalty, Tommy Arthur
Op-Ed: Unresolved Questions in Alabama Case
Posted: September 29, 2009 6:02 pm
An op-ed in Sunday’s Birmingham News by Innocence Project Staff Attorney Jason Kreag lays out the argument for DNA testing in the case of Alabama death row prisoner Tommy Arthur.
The Innocence Project has consulted with Arthur’s attorneys on DNA matters in the case, and the state is again seeking an execution date without conducting thorough DNA testing that could prove Arthur’s innocence or guilt.
Kreag writes:
Once again, Tommy Arthur is about to receive an execution date. And once again, state Attorney General Troy King is standing in the way of DNA testing that could prove Arthur’s guilt or innocence.
It is a familiar — and troubling — series of events. Four times, Arthur has been scheduled to die, only to have a court step in and stop his execution. The state then spends weeks or months fighting efforts for DNA testing, and courts eventually set another execution date.
This time, the state attorney general wants everyone to believe that DNA testing has been conducted and that it somehow confirms Arthur’s guilt. That’s not true.
Read the full editorial here. (Birmingham News, 09/29/09)
Tags: Tommy Arthur
Alabama Death Row Inmate Receives Stay Six Days Before Execution Date
Posted: March 23, 2012 5:45 pm
Tags: Alabama, Tommy Arthur