HOUSTON - After a forensic psychologist was banned this month from making retardation evaluations in Texas courts, defense attorneys hoped to reopen past convictions that used his now-discredited testimony. But with courts extremely wary of revisiting any closed case, it may take legislative action to force them to bend to scientific consensus.

Current law allows for re-reviewing cases when DNA evidence might change the outcome. Kathryn Kase, a death-penalty lawyer who directs the Trial Project at the Texas Defender Service, supports legislation that would apply to additional types of evidence.

"We need to extend the law, so that changes in science, or the practice of shoddy science, allows a person to go back and seek re-testing and re-review."

A bill pending in the state House goes half-way, says Kase, who wants it amended to not only incorporate current science, but also the problem of "junk science."

The banned psychologist, George Denkowski, provided testimony that helped convict at least 14 prisoners on death row, who he claimed had normal intelligence. Kase is convinced that at least some of them are, in fact, mentally retarded. Executing the mentally retarded has been forbidden since a U.S. Supreme Court ruling in 2002.

Kase says, in matters of life and death, there's no room for casual, sloppy, or fraudulent science.

"If I went to a doctor and got tested to find out if I had cancer, and then I later found out that that doctor wasn't doing the cancer tests at all, would I go back to another doctor and get retested? You bet I would!"

Peer reviews said Denkowski, in effect, made up his own criteria, including inflating some IQ scores because traditional testing supposedly didn't account for culture, lifestyle, and race. Denkowski agreed to abandon his courtroom practice in a settlement that stated his violations could not be used as the basis for re-litigating other criminal cases for which he'd served as an expert.


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The U.S. Department of Justice has released a report on the state of Georgia's prisons, citing horrific conditions and extreme violence.

The investigation found the state has failed to protect incarcerated individuals, leaving them vulnerable to abuse, neglect and gang violence.

Kristen Clarke, assistant Attorney General for civil rights, said urgent action is needed to help keep people behind bars safe.

"We uncovered long-standing systemic violations stemming from complete indifference and disregard to the safety and security of people Georgia holds in its prisons," Clarke reported.

The Justice Department's report uncovered an unconstitutional risk of sexual violence against LGBTQ+ people. From 2018 to 2023, there were also 142 reported homicides, with a nearly 96% spike in 2021 and 2023.

Ryan Buchanan, U.S. Attorney for the Northern District of Georgia, highlighted the report's findings of widespread mismanagement in Georgia's prisons. He said a lack of supervision has allowed gangs to take control of key prison functions.

"Gang members have co-opted certain administrative functions like bed assignments from the Department of Corrections," Buchanan pointed out. "They have extorted money from the family members of incarcerated people."

The Justice Department is recommending urgent reforms, including increased supervision, better staffing and improvements in how those incarcerated are classified and housed. Officials expressed their commitment to working with state authorities to quickly implement changes.


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Recent problems in South Dakota prisons have concerned lawmakers, corrections commission members and family members of those incarcerated, who formed a new support group.

South Dakotans Impacted by Incarceration was formed this year, after the state's Department of Corrections in March suspended calls and messaging on tablets used by people in prison due to what it called an "investigation." The services were eventually reinstated.

Nieema Thasing, co-founder of the advocacy group, said the department's lack of communication on the issue was one of many reasons she started the group, which hosted its first public meeting last month, attended by some lawmakers, sheriffs and other officials.

"They were all taken aback because they had no idea that these things were happening because they had been getting it from other people trying to soothe everything away."

The South Dakota Corrections Commission also met last month for its first meeting since October 2023 and members expressed concerns about the Commission's role. Member David McGirr said the commission "is not serving its intended purpose," according to meeting minutes, and requested a legislative review of the commission.

Erin Vicars, another of the group's co-founders, said she could "go on and on" about major problems at the state's prisons. Her list includes health care access, lack of in-prison jobs, lockdowns, changes in commissary items, food quality and a lack of transparency from prison leadership.

"People often forget that prison itself is a punishment, not the conditions," Vicars pointed out.

The group is planning another meeting this month. Meanwhile, the state has allocated more than $650 million combined toward a planned men's prison in Lincoln County and a women's correctional facility in Rapid City.


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Today, advocates in North Carolina are kicking off a 136-mile "Walk for Commutation" to raise awareness about those on death row who could soon face execution.

Organized by the North Carolina Coalition for Alternatives to the Death Penalty, the walk is part of a larger push that calls on Gov. Roy Cooper to commute the death sentences before he leaves office.

Noel Nickle, executive director of the North Carolina Coalition for Alternatives to the Death Penalty, stresses the urgency as the state prepares for a change in leadership.

"There's really no denying the racism of the death penalty," Nickle explained. "There's also no denying that death sentences have dramatically decreased. Most people on death row were sentenced more than 20 years ago. People are aging. They are no longer, if they ever were, a threat to our communities. We know that the death penalty doesn't keep us safe."

North Carolina has not executed anyone since 2006, but concerns are growing that the state may follow South Carolina's recent decision to restart executions after a 13-year pause.

Nickle called attention to the racial and geographic disparities in death penalty cases. She explained that 60% of the people on death row are Black despite them making up a smaller share of the state population, and added that being put on death row can sometimes depend on where you live.

"For example, we'll be walking through Chapel Hill and Durham as well where there's no one on death row and where the district attorneys have said -- in fact, they were elected on a platform of not seeking the death penalty," she said.

Nickle added the coalition's goal is to spark a statewide conversation about the death penalty's flaws and the urgent need for reform. The walk will begin outside of the Forsyth County Courthouse and conclude on Oct. 10, which is World Day Against the Death Penalty.


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