Armband Alert: 04/12/12, Gore, FL; Allen, OK; Grayson, AL

Please wear a black wrist band tomorrow, 04/12/12, in silent protest of the executions of David Gore by the government of the state of Florida, Garry Allen by the government of the state of Oklahoma and Carey Grayson by the government of the state of Alabama (see attachments for photos).

There are many problems with the death warrant signed for David Gore.  First among them is Governor Scott’s meeting with a Florida newspaper editorial board, potentially and unconstitutionally biasing his decision.  Second, Mr. Gore’s legal representation at both trial and appeal was unconstitutionally flawed.  The right to competent representation at trial has long been settled law, and a recent United States Supreme Court decision affirmed the same right for the appeals process.  His trial attorneys neither investigated nor presented Mr. Gore’s long-term alcohol and drug abuse, his lifelong mental health problems nor the very low chance that he would ever be paroled if given a life sentence instead of the death penalty. During post-conviction appeals subsequent attorneys bungled simple investigative procedures that could have kept David Gore off Florida’s death row.  It is clear that David Gore has not yet received his constitutionally guaranteed fair trial.  Florida must stop this execution to safeguard David Gore’s constitutional rights.

Mr. Allen suffered severe head trauma during his childhood, leaving him with debilitating epileptic seizures.  His mental capacity was so depreciated that medical experts testified at his trial he could not have formed the intent to murder.  He was at first judged incompetent to stand trial and sent to four months of treatment.  The neuropsychological report offered by the prosecution at trial claimed he was then competent, but Mr. Allen’s defense team was never allowed access to the findings.  Further, during his arrest an officer discharged his gun into Mr. Allen’s brain causing severe brain damage.  With clear, unrefuted evidence of his mental incompetence, Oklahoma may not kill Garry Allen.  That would defy the standards of justice and humanity upon which our country is founded.

Cary Grayson was nineteen at the time of this crime, while his three accomplices were all under eighteen years old.  During the four individual trials, the prosecutors argued that each of the defendants had primary responsibility for the crime, while Mr. Grayson’s incompetent attorneys raised no objection to the strategy.  Further tainting their representation of Cary Grayson at trial, his attorneys failed to investigate and present his extreme childhood abuse.  Finally, Cary Grayson has always been mentally ill, with a medical diagnosis of bipolar disease.  For constitutional and medical reasons,  Alabama may not kill Cary Grayson!