UNDERNEWS

Undernews is the online report of the Progressive Review, edited by Sam Smith, who covered Washington during all or part of one quarter of America's presidencies and edited alternative journals since 1964. The Review, which has been on the web since 1995, is now published from Freeport, Maine. See main page for full contents

October 19, 2009

JURORS USED BIBLE AS JUSTIFICATION FOR DEATH PENALTY

Guardian, UK - The Texas jury didn't hesitate to find Khristian Oliver guilty of shooting and bludgeoning an elderly man to death. Oliver had stood over his bleeding victim, repeatedly hitting him in the head with a rifle butt before robbing his house.

But then came the difficult decision over whether to sentence Oliver to death, and that's when the Bibles came into their own.

A clutch of jurors huddled in the corner with one reading aloud from the Book of Numbers: "The murderer shall surely be put to death" and "The revenger of blood himself shall slay the murderer."

Another juror highlighted passages which she showed to a fellow juror: "And if he smite him with an instrument of iron, the murderer shall surely be put to death."

Ten years later Oliver, now 32, is just three weeks from execution. Two appeals courts have rejected his pleas for the jury's death sentence in 1999 to be overturned on the grounds it was improperly influenced by references to the Bible. Some of the jurors have made no secret of the part their religious beliefs played in reaching their decision but the US Supreme Court has refused to take up a case that has been condemned as "a travesty".

Amnesty International has said the use of biblical references "to decide life or death in a capital trial is deeply, deeply troubling" and called on the authorities in Texas, which has carried out nearly half of the 39 executions in the US this year, to commute the sentence. . .

A Texas state appeal court rejected Oliver's plea to strike down the sentence because, it said, he had not "presented clear and convincing evidence" that the Bible influenced the jury's decision. The court acknowledged that there was reference to the Bible by the jurors but said it was not improper. . .

A federal appeal court disagreed, saying that references to the Bible inside the jury room were improper but it still refused to overturn the death sentence on the grounds that Oliver's lawyers had not proved that the readings influenced the death penalty decision. The court ruled that the jurors would have applied their own moral judgments which would, in any case, have been influenced by their religious beliefs. . .

With the Supreme Court refusing to take up Oliver's case, his remaining options are the Texas board of pardons and the state governor, Rick Perry. The board of pardons rarely recommends clemency and Perry is unlikely to set aside a death sentence in a deeply religious state on the grounds that jurors referred to the Bible.

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