Clemency Petition - Correspondence - Support Letters

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A. REGINALD EAVES 

BOARD OF COMMISSIONERS OF FULTON COUNTY 
COUNTY ADMINISTRATION BUILDING 

ATLANTA, GEORGIA 30303 

TELEPHONE 3572-2458 

COMMISSIONER li al AREA CODE 404 

/ 

/ 

(hei 

April 13, 1987 

Clearinghouse 
P.O. Pox 437 
Atlanta, GA 30301 

To Whom It May Concern: 

I am surprised and disappointed that the U.S. 
Supreme Court has seen fit to ignore the clear 
statistical evidence of racial bias in the 
application of Georgia's death penalty. 

A comprehensive study by Professor David Baldus of 
the University of Iowa shows that killers of whites 
are 11 times more likely to receive the death 
penalty in Georgia than killers of blacks, and that 
blacks who kill whites are three times nore likely 
to receive the death penalty than whites who kill 
blacks. 

I urge the citizens of Georgia to join me in 
appealing to the state Board of Pardons and Paroles 
to commute Warren McCleskey's sentence to like 
inpri ent and to protest the unfairness of a 
eysten whi h puts our citizens to death on the basis 

f the col of their skin. 

Yours for more 
gfficient ounty government, 

\ 

’ 
er 

A. rst Eaves 

ARE:kh 

 



City of Decatur 

    509 North McDonough Street 

P.O. Box 220 

Decatur, Georgia 30031 

404 377-9911 

  

Michael Mears 

Mayor 

Office: (404) 373-1612 July 8, 1987 

Chairman Wayne Snow, Jr. 
State Board of Pardons & Paroles 
Floyd Veterans Memorial Building 
Fifth Floor, East 
2 Martin Luther King Jr. Drive, S.E. 
Atlanta, Georgia 30334 

RE: Warren McClesky 

Dear Mr. Snow: 

I am writing to you in response to the planned execution of Warren McClesky. It 
is my understanding that Mr. McClesky's execution date has been set and that his other 
avenues of appeal have been, for all intents and purposes, exhausted. It would appear 
that the life of Warren McClesky is now in the hands of the State Board of Pardons & 
Paroles. 

Warren MeClesky's case has received considerable attention in the press and the 
U. S. Supreme Court has ruled on the legal issues raised by his appeals. I am not asking 
you and the other members of the Board to act on the basis of a "second guess" of the 
Supreme Court's decision. What I am asking you to do is to represent all of the people 
of Georgia — including Warren McClesky. I am asking you to make a decision 
concerning the life of Warren McClesky based upon the principles of merey, fairness and 
basic societal morality. 

Please commute Warren MeClesky's death sentence to life imprisonment. The 
facts are patently obvious when a review is made of the way we use the death penalty 
in this State. The death penalty in our State is nothing more than an instrument of a 
society that still refuses to strip itself of the vestiges of racism. No matter what crime 
Warren McClesky might have committed, the imposition of the death penalty upon him 
by you and me in the name of society will be an even greater crime. 

We must recognize that in our State the death penalty is used by a predominantly 
white justice system (of which I am a member) against the poor and the black members 
of our society. Wealthy white members of our society are not subjected to even the 
threat of the death penalty, let alone executed. We must demand more from ourselves 
if our society is to survive for the long haul. 

An Equal Opportunity Employer 

 



  

Chairman Wayne Snow, Jr. 
July 8, 1987 
Page Two 

  

I implore you to reach down within the depths of your being and act with justice, 
mercy and COURAGE. 1 beseech you to use the authority given to you and prevent the 
execution of Warren McClesky. 

Sincerely yours, 

Michael Mears, Mayor 
City of Decatur 

MM/jle 
CC: Mrs. Mamie B. Reese 

Mr. James T. Morris 
Mr. Mobley Howell 
Mr. Michael H. Wing 

 



  

202-457-0563 

national black police association 1100 17TH STREET NW 
WASHINGTON, DC 20036 

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House of Representatives 

ABLE" MABLE THOMAS Atloda, Beorgix COMMITTEES: 
Representative, District 31 EDUCATION 

Post Office Box 573 INDUSTRIAL RELATIONS 
Atienta, Georgia 30301 SPECIAL JUDICIARY 
Telephone: 404-525-7281 Office 

April 22, 1987 

PRESS RELEASE 
  

I am deeply saddened and appalled by the Supreme 

Court ruling that there is no racial intent to discriminate 

in the application of the death penalty. I know that 

this must surely stand as the biggest lie of a year 

in which the competition has been formidable. Not 

only is there racial discrimination in the application 

of the death penalty, there are overt, across-the-board 

disparities in the entire sentencing procedure. 

We have been trying for years to raise this issue 

in the Georgia General Assembly, yet there has been 

no sensitivity toward investigating this crucial matter 

in the execution of justice. The Georgia legislature 

has a moral and legal responsibility to address both 

the issue of sentencing disparities and that of the 

elimination of the death penalty. 

We understand that the nature of the application 

of the death penalty is not merely a racial issue, 

but also raises class-related questions. It is ironic 

 



  

Rep. Mable Thomas 

Press Release 

April 22, 1987 

that this, the year of the 200th anniversary of our 

Constitution, is commemorated by a decision that 

undermines the democratic principles on which this 

great nation was founded. We must not sit idly by 

while justice is executed. 

I therefore submit to you that we at the grassroots 

level, the community level, students, and those in 

the legal profession must speak loudly and act swiftly 

to educate the public as to the insidious nature of 

this societal ill. We must recommit our love, our 

strength, our energy. and our sense of fairness toward 

the goal of a proper celebration of the Constitution 

- the establishment of justice for all. 

Thank you. 

 



    JOHN LEWIS 
5TH DISTRICT, GEORGIA 

WASHINGTON OFFICE: 

501 CANNON House OFFICE BUILDING 

WASHINGTON, DC 20515 

(202) 225-3801 
COMMITTEES: 

PUBLIC WORKS AND TRANSPORTATION 

SUBCOMMITTEES: DISTRICT OFFICE: 

ECONOMIC DEVELOPMENT THE EQUITABLE BUILDING 

PUBLIC BUILDINGS AND GROUNDS 100 PEACHTREE STREET, N.W. 

WATER RESOURCES Suite #750 

INTERIOR AND INSULAR AFFAIRS Congress of the United States Sogn Twin 

SUBCOMMITTEES: Bouse of Representatives 
PUBLIC LANDS ®asghington, DBL 20515 

INSULAR AFFAIRS 

June 26, 1987 

  

  

  

Mr. Wayne Snow, Chair 
Georgia Board of Pardons and Parole 
Floyd Building East Tower 
2 Martin Luther King Jr. Drive 
Atlanta, Georgia 30334 

Dear Mr. Snow: 

I was saddened, and at the same time, outraged, upon 
learning of the scheduled execution of Warren McCleskey. As you 
know, the Supreme Court in April accepted Mr. McCleskey's claim 
that racial discrimination still profoundly influences the death- 
sentencing process but refused to take any action to diminish 
that influence. 

How can we as a nation advocate the principles of non- 
violence while institutionalizing the ultimate form of violence? 
The death penalty does not demonstrate a concern for the value of 
human life. Rather, it provides an example which ligitimizes and 
encourages the use of violence. : 

Despite its strengths, our legal system can make mistakes. 
Innocent people have been executed, and innocent people will 
continue to be executed. By treating criminals as objects to be 
disposed of, the death penalty degrades all who are involved in 
its enforcement, as well as its victim. 

Let us take action where the Supreme Court idled. As a 
Member of Congress, representing the 5th Congressional district 
of Georgia, I call upon you to grant clemency to Mr. McCleskey. 

The state has the power to inflict the death penalty. It 
does not have the right. 

Sincerely, 

Jowis 
hn Lewis 

Member of Congress 

JL:jff 

 



    JOHN CONYERS, JR 
WASHINGTON OFFICE. 

157 DisTmecT, MsCInGAN 
2313 Ravsunn Houst Oreict BunDmms 

WasmngTon, DC 20818 
Pwons. 202-228-8128 

  

COMMITTEES 

  

JUDICIARY Congress of the WUnited States — 
[|] otnalL BuiLDome 

SUSCOMMIITE: ON Bouse of Representatives "aim ware 

GOVERNMENT OPERATIONS Sashington, BE 20515 Prone: 313-981-5870 

SMALL BUSINESS ’ 

June 26, 1987 

Honorable Wayne Snow, Chairman 

Georgia Board of Pardons and Paroles 

Floyd Veterans Memorial Building, East Tower 

2 Martin Luther King Drive 
Atlanta, GA 30334 

Dear Mr. Snow: 

Having just been informed that the trial judge has set July 14 to 

17 as the period during which Warren McCleskey is to be executed, 

I felt compelled to write and urge you and your colleagues on the 

Board to grant him clemency. Notwithstanding the fact that the 

U.S. Supreme Court has affirmed McCleskey's death sentence, the 

questions surrounding the impact of race on the outcome of this 

case remain and cast substantial doubt upon the fairness of 

Georgia's procedures for prosecuting and sentencing defendants in 

capital cases. 

The American system of justice demands equality under the law. 

For the Court to conclude that racial discrimination in the 

imposition of the death penalty is an inevitable part of the 

judicial process is unconscionable. Its decision should be 

viewed only as an opinion on the constitutionality of this 

situation, not on the moral question of whether it is right or 

wrong. 

There is abundent evidence that in Georgia, black defendants who 

are convicted of killing white victims are more likely to be 

sentenced to death and executed than white defendants. The 

culpability of black defendants and the circumstances of their 

crimes is less of a factor in determining the sentence imposed 

than is race. 

Next month on July 16th, during the same week that McCleskey is 

scheduled for execution, the House Subcommittee on Criminal 

Justice, which I chair, will hold a hearing on the impact of the 

McCleskey decision on the civil and constitutional rights of 

capital defendants. The Senate Subcommittee on the Constitution 

has tentatively scheduled a similar hearing for July 14th. 1t 

would be ironic and unfortunate if Warren McCleskey's execution 

were to occur at the same time the Congress was examining the 

fundamental issue of fairness that his case raises. 

  

 



  

Honorable Wayne Snow 
June 25, 1987 
Page 2 

I urge you to take the bold step of granting McCleskey clemency. 

In doing so you will lead your state and the nation down the path 

of justice and restore the faith of many in our legal system. > 

Sincerely, 

n Conyers, . 
Member of Congress 

 



   

  

COMMITTEE ON ENERGY 

AND COMMERCE 
MICKEY LELAND 
18TH DISTRICT, TEXAS 

CHAIRMAN 

SELECT COMMITTEE ON HUNGER 

COMMITTEE ON POST OFFICE AND 

CIVIL SERVICE 

CHAIRMAN 
SUBCOMMITTEE ON POSTAL 
OPERATIONS AND SERVICES 

weongsemaore Congress of the United States 
ls House of Representatives 

®asghington, BE 20515 

July 6, 1987 

SUBCOMMITTEE ON TELECOMMUNICATIONS, 

AND FINANCE 

SUBCOMMITTEE ON HEALTH AND 

THE ENVIRONMENT 

  

SUBCOMMITTEE ON ENERGY AND POWER 

Mr. Wayne Snow 

Chairman, Georgia Board of Pardons and Parole 
Floyd Veterans Memorial Building 
East Tower 
2 Martin Luther King Jr. Drive 
Atlanta, GA 30334 

Dear Mr. Snow, 

I urge you to halt the execution of Warren McCleskey, currently 
scheduled for next week. 

In its McCleskey v. Kemp decision, the United States Supreme Court 
acknowledged that race does play a significant role in determining who 
lives and who dies in Georgia's electric chair. Given that 
determination, it seems incredible that the state of Georgia would 
persist with plans to execute the very man whose name symbolizes the 
lingering racism within our criminal justice system. 

  

Our country has become more sensitive to the persistence of racial 
bias in our communities, our work Places, and our state offices. 
Unfortunately, we must now become sensitive to the persistence of racial 
bias in our courtrooms. As long as critical questions about the 
influences which led to Mr. McCleskey's death sentence remain unanswered, 
the state must spare his life. : 

The House Judiciary Sub-Committee on Criminal Justice will hold 
hearings on July 16, 1987, to examine the impact of racial discrimination 
on death sentences and the concomitant 14th Amendment implications. ki 
will be sadly ironic if Mr. McCleskey goes to his death while the very 
issues raised by his case are being scrutinized. 

Please act now to grant clemency to Mr. McCleskey. 

RE 

YiogS LE D 

b of Congress 

ML/pj 

WASHINGTON OFFICE—2236 RAYBURN HOUSE OFFICE BUILDING (202) 225-3816 

DISTRICT OFFICE—1818 SMITH, SUITE 820 HOUSTON, TX 77002 (713) 739-7338 

 



  

     
    

  

    

    
   

    

    

    

  

    

    

  

    

    

     
   

    
   

   
   

   
  

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NAYORS OFFICE: CITY OF GARY *'* 
401 BROADWAY 
GARY IN 4ed02 06AM 

    

   

  

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JULIUS CHAMBERS 
NAACP LEGAL DEFENSE FUND 
99 HUDSON STREET 16TH FL 
NEW YORK Ny 10013 

CC: WAYNE SNOW 
GEORGIA STATE BOARC OF PARDONS AND PAROLES 
¢ MARTIN LUTHER KING JR DR § E 
ATLANTA, GA 30334 

  

THE EXECUTION OF WARREN MCCLESKY WOULD CONTINUE AND ACCELERATE AN 
ALREADY TRAGIC HISTORY, EVIDENT THAT THOSE WHO KILL WHITES ARE 1}! 
TIMES MORE LIKELY TO RECEIVE THE DEATH PENALTY THAN THOSE WKO KILL 
BLACKS IS WELL DOCUMENTED, RACISM CONTINUES TO PERMEATE THE DECISIONS 
OF THE BENCH AND JURIES THAT HAVE SENT A DISPROPORTIONATE NUMBER OF 
BLACK PEOPLE TO DEATH ROW, 

YET A SHIFT 18 TAKING PLACE IN AMERICA, PARTICULARLY IN THE SOUTH, 
THE FEDERAL JURY IN MOBILE THAT FOR THE FIRST TIME IN AMERICAN 
HISTORY FOUND CLAN MEMBERS GUILTY OF THE DEATH OF A YOUNG BLACK MAN 
AND THE 20 THOUSAND STRONG MARCH IN FORSYTHE COUNTY, GA LAST WINTER 
REPRESENT PEOPLE WHO ARE WILLING TO CHALLANGE THE INSTITUTIONAL 
RACISM THAT EXISTS IN AMERICA TODAY, 

THERE IS MOMENTUM FOR CHANGE, I BELIEVE THE EXECUTION CF WARREN 
MCCLESKEY WILL ONLY SERVE TO FUEL THE FIRES OF RACISM AND 8AY 70 THE 
NATION ONCE AGAIN THAT A BLACK LIFE WAS LESS VALUE THAN THAT OF A 
WHITE, WE ARE ALL GODS CHILDREN AND 80 WE MUST REJECT RACIST NOTIONS 
OF SUPERIORITY. ALLOWING WARREN MCCLESKEY TO LIVE WOULD BEND A 
MESSAGE TO AMERICA THAT GEORGIA IS WILLING TO LEAD THE WAY 70 
FAIRNESS, 

WE ARE AT THE CROSSROADS OF JUSTICE, I URGE YOUR BOARD TO SPARE THE 
LIFE OF THIS MAN, AND IN DOING $0, REAFFIRM THIS NATIONS COMMITMENT 
TO TRUE JUSTICE AND EQUALITY, SINCERELY, 

RICHARD GORDON HMATCHER, MAYOR, CITY OF GARY 

15149 EST 

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THE DISTRICT OF COLUMBIA 

WASHINGTON, D.C. 20004 

MARION BARRY. JR. 

MAYOR 

July 7,-1987 

Mr. Wayne Snow 

Chairman 

Georgia Board of Pardons and Parole 

2 Martin Luther King, Jr. Avenue, S. FP. 

Atlanta, Georgia 30304 

Dear Mr. Snow: 

We write to you regarding the case of Warren McClesky whose conviction 

and sentence of death were recently upheld by the Supreme Court of the United 

States. Mr. McClesky argued that his sentence was unconstitutional in that 

most of the victims of the crimes for which the death penalty is given are 

white. 

The state of Georgia won a closely-decided case on constitutional and 

legal grounds. But the power of clemency takes into account more than just 

the law. In this case, it allows the state of Georgia to rise above the basic 

level of constitutionality and take its own steps to assure basic fairness in 

the administration of the law and the use of its most severe sanction. 

Mr. McClesky argued some Serious points. His failure to win reversal in 

the Supreme Court has touched off a strong reaction within black America. A 

cormutation by the state of Georgia would go a long way to calm these concerns. 

We urge you to commute his sentence to life imprisonment.    
  

Sincerely, 
Sr J 2 fl L 

Pal / J / is 7d pr wr 

4 
/ Ll ef / 

AAR OF ae a 

/ 
of he he i ’ Be E nl { Fe Ne SORE 

Marion S. ~ David A. Clarke 
Chairman of the Council 

  

——



FOR NONVIOLEN 
SOCIAL CHANGE A" 

is al 

Senior Vice President, Treasurer 

HON. WALTER FAUNTROY 
Vice President, Governmental Afiairs 

HON. ANDREW J. YOUNG 
Vice President, international Affairs 

HARRY BELAFONTE 
Vice President 

JOHN COX 
Secretary 

THE MARTIN LUTHER KING, JR. CENTER 
FOR NONVIOLENT SOCIAL CHANGE, INC. 

449 Auburn Avenue, N.E. Atlanta, Georgia 30312 (404) 524-1956 

Mr. Wayne Snow, Director 
Georgia State Board of Pardons and Paroles 
Floyd Veterans Memorial Bldg. 
2 Martin Luther King, Jr. Drive, S.E. 
Atlanta, Ga. 30334 

July 8, 1987 

Dear Mr. Snow, 

I am writing to you with deep concern about the 
pending execution of Warren McCleskey. I know 
that the members of the State Board of Pardons 
and Parole now have the chance to spare Warren 
McCleskey's life. I appeal to you to accept this 
opportunity for the sake of justice and 

humanity. 

Despite the McCleskey decision of the U.S. 
Supreme Court, there is overwhelming evidence 
that the death penalty discriminates against 
racial minorities. Major studies of Georgia, 
Florida and national execution patterns have all 
reached the same compelling conclusion: That 
those convicted of killing whites are far more 
likely to be executed than those convicted of 

killing blacks. 

I am also firmly opposed to the death penalty 
because it makes irrevocable any possible 
miscarriage of justice. It has been documented 
that at least 25 Americans who were later found 
to be innocent have been executed in this 
century. On the average, an innocent person has 
been convicted of murder in the U.S. once every 

year since 1910. 

State-sponsored executions set a dehumanizing 
example of brutality that only encourages 
violence. Allowing the state to kill its own 

citizens diminishes our humanity and sets a  



  

Page 2 

dangerous and sadistic precedent which is 
unworthy of a civilized society. Of all the 
industrialized nations, only the U.S. and South 
Africa subject their people to capital 

punishment. 

Although my husband was assassinated and my 
mother-in-law was murdered, I refuse to accept 
the cynical judgement that their killers deserve 
to be executed. To do so would perpetuate the 
tragic cycle of violence that feeds on itself. 
It would be a disservice to all that my husband 

and his mother lived for and believed. 

The death penalty only adds to the suffering of 
surviving family members and loved ones of the 
victims and offenders alike. For them, revenge 
and retribution can never produce genuine 
healing. It can only deprive them of the 
opportunity for forgiveness and reconciliation 
that is needed for the healing process. 

For these reasons, I appeal to you in the spirit 
of brotherhood and human decency to commute the 
pending execution of Warren McCleskey. Please do 
what you can to help put an end to the shameful 
spectacle the government murdering its own 
people and help us create the kind of society in 

which we can all take pride. 

PARA / 

Coretta Scott King 

 



  

EPISCOPAL DIOCESE OF ATLANTA 
Episcopal Charities Foundation 

Department of Community Ministries 

  

April 22, 1987 

I, the Rt. Rev. Charles J. Child, Jr., Bishop of the 

Episcopal Diocese of Atlanta, am dismayed by the Supreme 

Court ruling in the Warren McCleskey case. Not only am 

I opposed to the death penalty in general but I am alarmed 

at the implicit racism in the imposition of the death 

penalty in Georgia in particular. 

Surely, I do not condone crimes of violence. They are 

abhorant. But I am also sure that the reconciling spirit 

of the Christian gospel is not served by the further 

violence of capitol punishment. Nowhere in the words of 

Jesus or in my experience is violence solved by violence. 

Let us stop the bloodshed. 

645 Spring Street, NW. Atlanta, Georgia 30308 404/874-8722 

 



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Christian Church 

(Disciples of Christ) 

XK Cynthia L. Hale 

June 29, 1987 
Pastor/Developer 

2828 Wesley Chapel Road ! Decatur, Georgia 30034 . : 404/288-4673 

PRESS STATMENT OF REVEREND CYNTHIA HALE 

Good morning, my name is Cynthia Hale and I am the pastor/ 

developer of the Ray of Hope Christian Church in Decatur, Georgia. 

As a minister and abolitionist, I come today to lend my voice 

to the many voices calling for an end to state sanctioned kil- 

lings in Georgia. 

1 oppose capital punishment as contrary to the concept of 

Christian love. I believe that the life of an individual is of 

infinite worth in th eyes of God. I also believe that the 

taking of human life falls within the providence of God and not 

within the right of humankind. 

As a person of religious and ethical conscience, I seek the 

restoration and renewal of wrong-doers, not their deaths. The 

death penalty eliminates forever the healing possibilities of 

human love and respect. Capital punishment is cruel, unjust and 

incompatible with the dignity and self respect of humankind. 

Christians cannot continue to support the practice of capi- 

tal punishment. It has become increasingly clear that the majo- 

rity of those on Death Row are poor, powerless and educationally 

deprived. Statistics point out that of the 4,000 people exe- 

cuted since 1930, 54% have been black or members of other minio- 

rity groups. These statistics reflect the broad inequalities 

within our society and the inequity with which death, the ulti- 

mate punishment is applied. Persons of wealth, status and educa- 

tion are favored by our legal system. They enjoy the benefits of 

able counsel and rarely suffer severe penalties. The death 

penalty has been found to discriminate on the basis of race and 

economic condition. This alone is sufficient reason for opposing 

it as immoral and unjust. 

I urge fellow Christians to become active in the fight 

against the death penalty. We must vigorously protest the 

irresponsibility of our criminal justice system and hold the 

state of Georgia accountable for the senseless killings it com- 

mits in our name. 

 



    
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# S RE CONCERNED BLACK CLERGY OF 

y= METRO ATLANTA, INCORPORATED ® P.O.BOX 118381 ATLANTA,GA. 3810 

  

  

AN ECUMENICAL CONSORTIUM OF BLACK CONGREGATIONS RESPONDING TO NUMAN NEEDS IN CRISIS 

Ost. IS, 19% 

Press Statement of Concerned Black Clergy 

Good afternoon, my name is McKinley Young, Pastor of Big 
Bethel AME Church. I am here on behalf of Concerned Black 
Clergy, an organization comprised of some 100 ministers 
representing over fifty churches in Metropolitian Atlanta. 

Concerned Black Clergy is an interdenominational alliance of 
white and black ministers and lay people who seek to stay in 
touch with ethical and moral issues which face the nation as well 
as minister to the needs of the black communities. 

This morning, the U.S. Supreme Court heard oral argumentss 
in a case central to the lives of Black Americans, the case of 
Warren McCleskey, a black man sentenced to die in Georgia's 
electric chair. The McCleskey case focuses on the fact that 
racial discrimination extends to the criminal justice system. 
Mr. McCleskey asserts that race systematically influences death 
sentencing in the State of Georgia. 

Capital punishment is characterized by a racial bias that 
operates most egregiously against black defendants accused of 
crimes against white victims. A recent study conclusively proves 
that those who kill white people in the State of Georgia are 
nearly eleven times more likely to receive a death sentence than 
those who kill blacks. Among all persons indicted for white 
victim murder, black suspects receive a verdict of death nearly 
three times as often as do white defendants. 

We oppose capital punishment as contrary to the concept of 
Christian love and believe that the life of an individual is of 

infinite worth in the eyes of God. We further believe that.the 
taking of such a human life falls within the providence of God 
and not within the right of humankind. 

Christians can no longer justifiably support the practice of 
capital punishment. It has become increasingly clear that the 
majority of those on Death Row are poor, powerless and 
educationally deprived. Statistics point out that of the 3,923 
people executed since 1930, 54X have been black or members of 

other minority groups. These statistics reflect the broad 
inequalities within our society and the inequity with which 
death, the ultimate punishment is applied. Persons of wealth, 
status and education are favored by our legal system. They enjoy 
the benefits of able counsel and rarely suffer severe penalties. 
The death penalty has been found to discriminate on the basis of 
color and economic condition. This alone, we feel, is sufficient 

reason for opposing it as immoral and unjust. 

As people of religious and ethical conscience, we seek the 
restoration and renewal of wrong-doers, not their deaths. The 
death penalty eliminates forever the heigiing pcssibilities of 

human love and respect. The death penalty is cruel, unjust and 
incompatible with the dignity and self respect of humankind. 

In closing, we pray in the spirit of Jesus Christ who calls 
us to share his ministry of reconciliation, that our society will 

turn away from the use of capital punishment and that the U.S, 
Supreme Court will take the first step with it's decision in the 
McCleskey case. 

SERVING THE PRESENT AGE 

 



      
LAWYERS’ COMMITTEE 
FOR CIVIL RIGHTS UNDER LAW 

SUITE 400 ® 1400 EYE STREET, NORTHWEST @ WASHINGTON, D.C. 20005 ® PHONE (202) 371-1212 

CABLE ADDRESS: LAWCIV, WASHINGTON, D.C. 

July 8, 1987 

Mr. Wayne Snow 
Director 
Georgia State Board of Pardons 

and Parole 
Floyd Veterans Memorial Building 
2 Martin Luther King Drive, S.E. 
Atlanta, Georgia 30334 

Dear Mr. Snow: 

I am writing to ask your careful consideration of Warren 
McCleskey’s request for clemency. One of the primary concerns of 
the Lawyers’ Committee has been the achievement of racial 
fairness and equity in our criminal justice system. I firmly 
believe that a commutation of Mr. McCleskey’s sentence to life 
imprisonment will achieve this end while properly serving the 
State’s need for justice. 

Mr. McCleskey received the death penalty despite striking 
evidence that race plays a significant role in Georgia’s capital 
sentencing process. A carefully documented study, accepted both 
by the Court of Appeals and the Supreme Court, demonstrates that 
the rate at which capital punishment is imposed in cases where 
the victim is white is 120% greater than where a black was the 
crime’s victim. Over half of the defendants in white-victim 
crimes would not have been sentenced to die had their victims 
been black. The data clearly shows that race influences the 
imposition of death just as much as any one of the nonracial 
aggravating factors provided for in Georgia’s death penalty 
statute. 

A long shadow is thus cast upon the use of this penalty in 
the context of Mr. McCleskey’s circumstances. Although the 
Supreme Court refused to hold that this evidence reached the 
level of a constitutional violation, it raises serious questions 
as to the legitimacy of a death sentence in a black- 
defendant/white-victim case. In your capacity as a guardian of 
procedural fairness in Georgia’s criminal justice system, you 

 



    

  

» 

LAWYERS’ COMMITTEE FOR CIVIL RIGHTS UNDER LAW 

Mr. Wayne Snow 
July 8, 1987 
Page Two 

have the power to correct glaring imbalances, like the one 
present, to ensure that the people of Gerogia are adequately 
protected from racial influence in criminal sentencing. 
Commuting Mr. McCleskey’s sentence to life imprisonment. will 
ensure just punishment while eliminating the unacceptably high 
risk that racial bias tainted the impostion of the death penalty. 

Again, I plead with you to give the most serious 
consideration to Mr. McCleskey’s clemency request. 

Sincerely yours, 

William L. Robinson 
Director 

 



  

  

  
WASHINGTON BUREAU 
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE 

1025 VERMONT AVENUE, N.W. + SUITE 820 - WASHINGTON, D.C. 20005 

(202) 638-2269 
: 

  

  
  

    

  

For immediate release Contact: Marilyn Hutton 

: 202 638-2269 

Althea T. L. Simmons 

BUREAU CHIEF 

WASHINGTON--April 23--The National Association for the Advancement of Colored 

People called the U. S. Supreme Court decision in McCleskey V. Kemp a major setback 
  

to equal justice under law. Althea T. L. Simmons, director of the Association's 

Washington Bureau said, "the sad facts of past and recent history clearly demonstrate 

that the vast majority of people who have received the death penalty or are 

presently held on death row are black. The racist application of the Georgia 

death penalty statute was acknowledged by the Supreme Court and upheld.” 

In 1987, the Court ruling essentially says that a white life is worth 

punishing more for taking away than a black life. The NAACP believes that racism 

should not be condoned by governmental bodies in the United States, including 

the Supreme Court. Simmons noted, "this is not a question of wxcusing a person for 

committing murder; rather, it is a question of giving one a more severe sentence 

because he killed a white person.” A scientific study found that the Georgia 

statute resulted in people being given the death sentence 11 times more when the 

victim is white than when the victim is black. This study was undisputed by 

the Court. Simmons went on to say that “the Court disputed analytical legal 

requirements which would have resulted in overturning the death penalty sentence 

for Mr. McCleskey. 

The NAACP noted that this decision affects not only Mr. McCleskey and Georgia 

death row inmates but others on death row in that the Georgia statute is similar 

to statutes in 36 other states. 

The NAACP has long viewed capital punishment as a violation of basic human 

rights. Simmons stated, "capital punishment is inhumane, immoral and unconstitutional. 

The NAACP has maintained this position before the Supreme Court, the Congress and 

Federal agencies. We must now broaden our opposition to capital punishment before 

state legislatures. 

30 

  

  

     



  

National Rainbow Coalition, Inc. 

2100 M Street NW 
Suite 316 
Washington, D.C. 20037 
(202) 955-5795 

STATEMENT OF THE REV. JESSE L. JACKSON, ON BEHALF OF THE RAINBOW 

COALITION, IN RESPONSE TO THE SUPREME COURT DECISION IN 

MCCLESKEY V. KEMP 

WASHINGTON, D.C., April 23, 1987 =-- The Rainbow 

Coalition is here today to join in the announcement of a new 

coalition. A coalition that will affirmatively and inextricably 

1ink the forces of people of color, and all those who love 

liberty, with those of the anti-death penalty community. 

Yesterday the Supreme Court licensed racism in the application of 

the death penalty. Today our only response must be to abolish 

the system that harbors such injustice. : 

Yet this is not just a question of an archiac and 

abominable form of punishment. The decision in McCleskey v. Kemp 

must be perceived within the larger context of justice =-- the 

absence of justice =-- in the entire penal system. America must 

recognize the larger structural problems bound up in this case, 

of which capital punishment is one barbaric expression. American 

citizens must recognize the racist nature of our criminal justice 

system, because the Supreme Court has chosen to retreat = from 

it. In rejecting our evidence, they look the other way to the 

daily crimes of police brutality, which like the death penalty 

extinguishes when it does not merely undervalue black life. The 

decision in Warren McCleskey's case reflects the simultaneous 

 



2 4     

CONTACT: Frank Watkins 202/783-1110 

expansion of prisons and contraction of schooling that the Reagan 

Administration has encouraged, and with that mentality, 

discourages any solution to violent crime that plagues this 

society. 

If the court has chosen to ignore overwhelming evidence 

of racial bias in the administration of justice, we today say 

that we will take our claims elsewhere. We are here to declare 

war on one of the remaining vestiges of slavery in our country 

today, and will launch that battle in state legislatures, state 

by state, in churches, church by church, and in towns and 

hamlets. our weapons will be facts and our armor reason, for 

with a death row with 90% white victims, the racist record speaks 

for itself. Our forces can only grow, because we have truth and 

the goal of equal Justice on our side. The task is familiar to 

us, because where the courts have refused to assume responsi- 

bility for rooting out racial discrimination where it exists, 

black citizens of this country have begun that job themselves. 

Just as the Dred Scott decision and Plessy v. Ferguson 

were proved to be nothing more than judicial rationalizations for 

uneven justice, the McCleskey decision will go down in infamy as 

the history of the Supreme Court is written. More importantly, 

Warren McCleskey, like Dred Scott, will be vindicated. Whether 

it takes five years, ten years, or two decades, the racist 

"institution of capital punishment must, and surely will, fall, 

END 

  

 



    

mre NATIONAL 
“i “4 URBAN 

COALITION 
So Aninersiry 

ities anid Sy Soph 

pn 
Liewellyr 

William § Woodside 

Reasrary Cochairs 

Executive Vice Chairs 
Aileen [ Hernande: 
Floyd H Hyde 

Vice Chairs & Steering Commitice 
Bishop John Hurst Adams 

George H Lawrence 
ye eke |v 

Senato: Rat in Lugar 
or Henry Mare: 

$ . Tari 
{ongressmar Estebar [ Torres 
Larmer Delgadr Yoim 
Joseph Wye 

NATIONAL URBAN COALITION 

Chairman 
george | Brown 

Presides! 
¥ Lar! Holmar 

Cochairpersans 
Aiieer [ Hernande: 
RE Bebert Linowe: 

Vice Chairpersens 
Dorothy | Heigh' 
Jesse Wil Jr 
Hove H Myde 

Secretary 
Heanor Holmes Moro 

Treasurer 
Joshua | Smith 

  

July 6, 1987 

Mr. Wayne Snow, Director 

Georgia State Board of Pardons 
and Paroles 

Floyd Veterans Memorial Building 
2 Martin Luther King, Jr. Drive, S.E. 
Atlanta, GA 30334 

Dear Mr. Snow: 

On behalf of the National Urban Coalition I urge you not to 
compound the grievous injustice perpetrated by the majority of the 
Supreme Court in its McCleskev v. Kemp decision by carrying out 
the execution of Warren McCleskey. 

There is still time for the Georgia State Board of Pardons to spare 
Warren McCleskey’s life and avoid adding a gross blot to the annals 
of injustice and inhumanity in this 200th year of the U.S. 
Constitution. We call on you and your colleagues to act with 
compassion and courage and grant clemency to Warren McCleskey. 

I truly yours 

fi § 

. Carl Holman mm_ 

President 

MCH:cs 

1120 6 Street, NW. 
Washington, D.C. 20005 

202/628-2990 

 



  

1301 Pennsylvania Avenue, N.W. 
Suite 400 

Washington, D.C. 20004 

July 7, 1987 

Mr. Wayne Snow 

Director, Georgia State Board of 

Pardons and Paroles 

Floyd Veterans Memorial Building 

€ Martin Luther King Jr. Drive, S.E. 
Atlanta, GA 30334 

Re: Clemency for Warren McClesky 
  

Dear Mr. Snow: 

As an American who is unalterably opposed to all forms of 

racial bigotry, 1 appeal to you and your colleagues to save the 

life of Warren McClesky by granting him clemency. 

I urge you to take this action because racial considerations 
should play no role in the momentous decision to sentence someone 

to death. Clearly such considerations were evident in the 

McClesky case. McClesky’s execution would give credence to the 

perception that the criminal justice system values the lives of 

whites more than the lives of blacks. 

Millions of Americans, black and white, will be watching 

your actions as they ask themselves "Is justice color-blind in 

America?" 1 hope your answer will be "yes," and that you will do 

all that is within your official power to prevent the state of 

Georgia from discriminatorially taking the life of one of its 
citizens. 

Sincerely,     

  

Tt min 
Eddie N. Williams 

 



  

Spelman College 
350 Spelman Lane SW e Atlanta, Georgia 30314-4399 ® 404/681-3643 

Office of the President 

July 7,:1987 

Mr. Wayne Snow, Director 

GEORGIA STATE BOARD OF PARDONS AND PAROLES 

Floyd Veterans Memorial Building 
2 Martin Luther King, Jr. Drive, S. E. 

Atlanta, Georgia 30334 

Dear Mr. Snow: 

I understand that you and your fellow board members will 

soon decide whether or not to spare Warren McCleskey's life. 

I urge you to grant clemency and I ask you to share this memo 

with all the members of your board. 

As you know, a comprehensive study introduced in 

Mr. McCleskey's case presented strong evidence that racial 

discrimination plays a role in capital sentencing in Georgia, 

however, Georgia does not stand alone. In every region of 

this nation, traces of racial prejudice of the past affect 

our judgement but I sincerely hope that this will not always 

be so. One out of 17 persons have been convicted of the same 

or similar crime since the state of Georgia reinstated its 

capital punishment statute in 1976. Mr. McCleskey is the 

only person of those 17 to be sentenced to death. 

Saving Mr. McCleskey's life today is something we could 

all be proud of in the future. 

Sincerely, 

  

Johnnetta B. Cole 

President 

JBC: pa 

  

"' {/ (7 I] { Fis 

. tre Fler s 7 {oo ples i f Lr) iire le fe 2reé 3 114. fohoe it 

 



  

NATIONAL 
CONFERENCE 
OF BLACK 
LAWYERS 70 MARTIN LUTHER KING. JA DRIVE 

ATLANTA, GEORGIA 30314 
404 - 522-6964 

i NC 

B 

  

PRESS RELEASE 
  

We the members of National Conference of Black Lawyers are 

outraged that our nation's highest Court has refused to address 

the clear statistical evidence of racial bias in the application 

of Georgia's death penalty. 

As the comprehensive study by University of Iowa Professor 

David Baldus clearly shows, killers of whites in Georgia are 11 

times more likely to get the death penalty than killers of 

blacks, and blacks who kill whites are three times more likely to 

get the death penalty than whites who kill blacks. 

Since the Supreme Court has failed to grant relief from this 

egregious injustice, we as members of the National Conference of 

Black Lawyers will be observing even more closely Georgia's 

trials and appeals and the actions of the State Pardons and 

Paroles Board for evidence of racial bias --- and we will call 

any observed biases to the attention of the public and the press. 

We call on our fellow Georgians to join us in protesting the 

irresponsibility of the high Court and to hold our State criminal 

justice system accountable for correcting the wrongs. 

We hope the American public and press will also observe our 

system carefully and help ensure that racism is eliminated from 

our State's trial, appeals and clemency procedures. 

Finally, we call on the State Board of Pardons and Paroles 

to commute the sentence of Warren McCleskey to life imprisonment, 

recognizing that the imposition of the death penalty was 

inappropriately influenced by his race. We ask that the Board 

carefully and conscientiously review all further appeals to 

National Office: 126 West 119th Street, New York, New York 10026 

 



   

  

> 

i NC 

4 

NATIONAL 
CONFERENCE 
OF BLACK 
LAWYERS R11. 

ATLANTA. GEORGIA 30314 
404 - 522-6964 

  

March 30, 1987 
Page Two 

  

ensure that Georgia's citizens are no longer put to death on the 

basis of the color of their skin. 

Charles S. Thornton 
Co-Chairman, Atlanta Chapter 

CST/1rh 

National Office: 126 West 119th Street, New York, New York 10026 

 



UNITED CHURCH OF CHRIST 

COMMISSION FOR RACIAL JUSTICE   
  

  

105 Madison Avenue, New York, N.Y. 10016-7451 (212) 683-5656 

Edwin R. Edmonds, Chairperson Benjamin F. Chavis Jr., Executive Director 

July 7. 1987 

Mr. Wayne Snow, Director 

Georgia State Board of Pardons and Parole 

2 Martin Luther King Drive, S.E. 

Atlanta, Georgia 30334 

Dear Mr. Snow: 

on behalf of the Commission for Racial Justice of the 1.7 

million-member United Church of Christ I am urgently appealing to 

you to prevent the unjust execution of Mr. Warren McCleskey by 

the State of Georgia, scheduled for Tuesday, July 14th. The 

United Church of Christ has long been on record in opposition to 

capital punishment. Theologically, we believe that this ultimate 

form of punishment is both immoral and wrong in the sight of God. 

We have monitored the use of capital punishment across the 

nation over the last ten years. We have found that the use of 

capital punishment serves as no deterrent to crime but, to the 

contrary, has served to lessen the value of human life in this 

society. Secondly, we have found, through our research, that the 

use of capital punishment in the United States continues to have 

racist overtones. 

In the case of Warren McCleskey the issue of race was 

obviously a factor in the circumstances surrounding his trial, 

conviction and sentencing. We take strong exception to all uses 

of capital punishment, regardless of the race of the defendant. 

We are, however, particularly outraged when Black and other 

racial and ethnic defendants are disproportionately the victims 

of this cruel and unusual punishment. 

Southern Regional Office at Franklinton Center 

PO. Box 187 

Enfield, North Carolina 27823 

(919) 437-0888 

Washington, D.C. Office 

5113 Georgia Avenue, N.W. 

Washington, D.C. 20011 

(202) 291-1593 

 



  

NATIONAL LEGAL 
AID & DEFENDER 

ASSOCIATION 

1625 K STREET, NW. 
EIGHTH FLOOR 

WASH.. D.C. 20006 
(202) 452-0620 

July 1, 1987 

Wayne Snow, Chairman 

Georgia Board of Pardons and Parole 
Floyd Veterans Memorial Building 
East Tower 
2 Martin Luther King Jr. Drive 
Atlanta, GA 30334 

Dear Mr. Snow: 

I am writing on behalf of the National Legal Aid and Defender 
Association to request that Warren McCleskey, who is presently on 
Georgia's death row, be granted clemency. 

The National Legal Aid and Defender Association is a national, non- 
profit membership association dedicated to quality legal representation 
for poor people in criminal and civil cases. NLADA's membership is 
composed of more 2,300 public defender, assigned counsel and civil legal 
services offices around the country, including 72 offices in Georgia. In 
addition, more than 1,000 attorneys, social workers, clients and other 

concerned individuals are NLADA members. 

NLADA has spent 76 years struggling to guarantee the rights of poor 
people to quality legal representation, and we have no illusions about : 
where we stand today. There are really two systems of justice in America 
(and in Georgia): one for whites and one for people of color. 

But the Supreme Court's decision in the McCleskey case upholding 
this dual justice system does not have to mark the final chapter. Rather, 
Georgia is now presented with a unique opportunity. By granting Warren 
McCleskey clemency, Georgia can show the nation and the world that it 
has the courage to confront its past and chart a new course...one in which 
there will be a single system of justice for all state residents. 

To do otherwise will be to admit that the "new South" is really the 
old South with nothing more than a facelift. 

We urge you to begin the reformation of Georgia's criminal justice 
system with Warren McCleskey's case and to grant him clemency. 

Sincerely, 

ff 

J 
Mary Broderick 
Director 

Defender Division 

MB/lc 

bcc: Pat Koester 

 



  

Page 2/ Mr. Wayne Snow 
July 7, 1987 

We, therefore, appeal to you to use the powers of your 

good office to prevent the tragic termination of Mr. McCleskey's 
life. We are praying for Warren McCleskey and we are praying for 
you. May your decision be both just and moral. 

Sincerely, : 

Lor 7, : Agee /¢ due—, ¥ 

Benjamin F. Chavis Jr. 

co: NAACP Legal Defense and Education Fund 
Dr. Avery Post, President 

United Church of Christ 

BC/jifr 

 



    
   

mr OICs of America, Inc., 100 West Coulter Street, Philadelphia, Pa. 19144-3496 e (215) 951-2200 

REV. LEON H. SULLIVAN 

Founder & Chairman of the Board 

ELTON JOLLY 

President _- 

July 7, 1987 

Mr. Wayne Snow, Director 
Georgia State Board of Pardons and Paroles 
Floyd Veterans Memorial Building 
2 Martin Luther King, Jr. Drive, S.E. 
Atlanta, GA 30334 

Dear Mr. Snow: 

This letter is in reference to the Warren McCleskey case. 
I understand that you and your fellow Board Members will 

soon decide whether or not to spare Warren McCleskey's 
life. 

I urge you to grant clemency. And I ask you to share 

this Memorandum with all the members of your Board. 

As you know, a comprehensive study introduced in Mr. 
McCleskey's case presented strong evidence that racial 
discrimination plays a role in capital sentencing in 
Georgia. But Georgia does not stand alone. 

In every region of this nation, traces of racial prejudice 
from the past affect our judgments. But that will not 
always be so. Saving Mr. McClekey's life today is something 
all of us can be proud of in the future. 

I urge you to give this matter full consideration. 

Sincerely, 
( ( 4 2 5] ’y 

Elton Jolly 
President and Chief 

Executive Officer 

Opportunities Industrialization Centers 

 



  

NEWS RELEASE 
UNITED CHURCH OF CHRIST 

COMMISSION FOR RACIAL JUSTICE   
  

  

105 Madison Avenue, New York, N.Y. 10016 (212)683-5656, Ext. 135/136 

Benjamin F. Chavis, Jr., Executive Director Judy F. Richardson, Director 
Information & Resource Development 

FOR IMMEDIATE RELEASE 
July 7, 1987 
  

PRESS STATEMENT OPPOSING 

THE SCHEDULED MCCLESKEY EXECUTION 

IN GEORGIA 

On behalf of the Commission for Racial Justice of the 1.7 

million-member United Church of Christ I have urgently appealed 

to Wayne Snow, Director of the Georgia State Board of Pardons and 

Parole, to prevent the unjust execution of Mr. Warren McCleskey, 

scheduled for Tuesday, July 14th. The McCleskey case recently 

provided the stage for the Supreme Court's recent landmark 

decision which concluded that capital punishment is 

constitutional even in the fact of proven racial discrimination 

by the State. 

The United Church of Christ has long been on record in 

opposition to capital punishment. Theologically, we believe that 

this ultimate form of punishment is both immoral and wrong in the 

sight of God. 

We have monitored the use of capital punishment across the 

nation over the last ten years. We have found that the use of 

capital punishment serves as no deterrent to crime but, on the 

contrary, has served to lessen the value of human life in this 

society. Secondly, we have found, through our research, that the 

use of capital punishment in the United States continues to have 

racist overtones. 

(MORE) 

 



   
General Board of Church and Society 
The United Methodist Church   

  

July 9, 1987 

Mr. Wayne Snow 
Director of Georgia State 
The Board of Pardons and Paroles 
2 Martin Luther King Junior Drive, SE 
Atlanta, Georgia 30334 

Dear Mr. Snow: 

The General Board of Church and Society of the United 
Methodist Church wants to request that you commute the 
sentence of Mr. Warren McCleskey from death to life 
imprisonment. Our request comes based on the following 
reasons: 

1. The unequivocal opposition of the United Methodist 
Church against the death penalty; 

2. The Supreme Court's decision in the case of Mr. 
McCleskey vs. Kemp indicated that there was scientific 
evidence that racial bias existed in the judicial 
processes in the state of Georgia. : 

  

Therefore, we call upon the good judgment of your office not 
to risk the misadministration of justice by executing Mr. 
McCleskey, or any other person. We hope you will give this 
request your positive and immediate consideration. 

Sincerely, 

Bishop William Boyd Grove 

President 

Heo ffad CH rte— 
Dr. Haviland C. Houston 

General Secretary 

The United Methodist Building 8 100 Maryland Avenue, N.E. @ Washington, D.C. 20002-5664 B (202) 488-5600 

= 

 



  

AMERICAN CIVIL LIBERTIES UNION 

132 West 43 Street 
CAPITAL PUNISHMENT PROJECT New York. NY 10036 

(212) 944 9800 

Henry Schwarzschild 
DIRECTOR 

July 9, 1987 Norman Dorsen 
PRESIDENT 

Mr. Wayne Snow, Director Ira Glasser 
EXECUTIVE DIRECTOR 

Georgia State Board of Pardons and Paroles 
2 Martin Luther King Jr. Drive, S.E. 
Atlanta, Georgia 30334 

Re: Application for Clemency for Warren McCleskey 
  

Dear Mr. Snow: 

This letter is to support the application for a grant of 
clemency, in the form of a commutation of the sentence 
of death to a sentence of life imprisonment, for Warren 
McCleskey, whose execution date is now set for July 14, 
1987. 

The Board scarcely needs a reminder from us that the 
name of Warren McCleskey will sadly resound in history 
as those of Dred Scott and of Homer Adolph Plessy (of 
Plessy v. Ferguson), that is as a man in whose case the 
United States Supreme Court handed down a decision that 
divided the nation and left it less assured of fairness 
and common human decency. How noble and enlightened would 
the State of Georgia now be if, having established its 
right to act on that decision and kill McCleskey, it 
stayed its hand, leaving itself unbloodied where its 
prisoner is bloody! 

  

The Board will have heard, as we have, about McCleskey's 

religious conversion, about the human and moral support 
he has given to other's on Georgia's death row. We are 
now personally acquainted with Mr. McCleskey, and we 
here bespeak only the large social implications of a grant 
of clemency for Mr. McCleskey. One might argue that a 
U.S. Supreme Court by a 5 to 4 vote expresses a sense of 
such uncertainty about the propriety of an execution here 
that, in common-sense terms, there is far less than 

reliability beyond a reasonable doubt that McCleskey's 
death sentence should stand -- and that it is barbaric 
to kill a man when the system cannot establish with a 
confidence amounting to absolute certainty that the 
execution should proceed. The Board here is the agency 
charged by the constitution and laws of the State with 
making precisely a judgment on this sort of consideration, 
and we pray that it will act humanely and kindly, where 
McCleskey did not. 

 



  

iy IN 

This, then, is a plea not for the rigors of retributive 
justice but for the Board's social and human insight, for 
its concern about the reputation of the State in this 
country and abroad. 

If the Board now commutes McCleskey's sentence, he will 
be soon forgotten. The Board by refusing to prevent the 
execution will make him a martyr for decades, even 
centuries, to come. McCleskey does not deserve to be 
a martyr, the State deserves better martyrs. 

Respectfully, 

ib a 2 31! 4 [ Ih] 

§ ik {L 4 {/ x 
1 | \L Hy - 

Hefiry Schwarzschild 

Director 

Capital Punishment Project 

  

HS: C 

 



    

MERICAN CIVIL LIBERTIES UNION FOUNDATION 
Creorgia, Ine. 

88 WALTON STREET, NW. © SECOND FLOOR ¢ TELEPHONE 404/823-6388 © ATLANTA, GEORGIA 30303 

  

PRESS RELEASE 
  

By the slimmest majority, the United States Supreme Court 

today rejected death row inmate Warren McCleskey's argument that 

his sentence of death should be vacated because the Georgia 

capital sentencing scheme is tainted fatally with racial 

discrimination. McCleskey v. Kemp. 
  

For years, the Supreme Court has acted repeatedly to vacate 

sentences of death where a capital defendant showed that an act 

or ommision by the state created a risk that the sentence was 

imposed arbitrarily. Today, the majority of the Court ignores 

this sensible standard of review and faults McCleskey because he 

failed to show that racial considerations, in fact, tainted his 

sentencing decision. 

A thoughtful reading of both the majority and dissenting 

opinions in this case is a sobering experience for Georgians who, 

regardless of their views on capital punishment, expect their 

system of justice to operate fairly and free of racism. All the 

justices of the Supreme Court accepted the fundamental premise of 
N\ 

the evidence presented by Warren McCleskey -- that persons who 

are charged and convicted of killing white citizens are four 

 



  

times more likely to be sentenced to death than person charged 

and convicted of killing blacks. The majority believe that this 

staggering disparity is not sufficient to set aside Mr. 

McCleskeys' sentence of death; the dissents strongly assert that 

the Constitution requires a new sentencing hearing. 

The question which this case settles is rather small 

compared to the ones that remain in its wake. The Georgia 

criminal justice system is hardly given a clean bill of health. 

The evidence in this case shows that racism clings tenaciously to 

the fabric of our society and institutions. All that is resbived 

in this case is that federal courts will not strike down a 

sentence of death on the sole basis of systematic studies but 

will require a showing that race placed an intolerable role in 

an individual case. 

it ‘is tragic that: the majority did not condemn the 

lingering presence of racism which most surely remains in the 

application of capital punishment in Georgia. Warren McCleskey's 

case will not be the last time that it will confront this 

question. 

 



  

amnesty 
international 
INTERNATIONAL SECRETARIAT 
1 Easton Street London WC1X 8DJ 
United Kingdom TG AMR/51/87/24 

Mr Wayne Snow, Jr 

Chairman 

State Board of Pardons and Paroles 

Floyd Building, 5th Floor, East 
2 Martin Luther King Jr Drive, SE 

Atlanta, GA 30334 

USA 6 July 1987 

Dear Mr Snow 

I am writing to appeal to the Board of Pardons and Paroles to grant 

clemency in the case of Warren McCleskey, whose execution is scheduled to 

take place during the week beginning 14 July 1987. 

As you are aware, Amnesty International opposes the death penalty 

unconditionally, believing it to be an extreme form of cruel, inhuman and 

degrading punishment and a violation of the right to life, as proclaimed in 

the Universal Declaration of Human Rights and other international human 
rights instruments. 

An additional ground on which Amnesty International is appealing for 

clemency in this case concerns the evidence of racial disparities in the 
imposition of death sentences in Georgia. We are aware that the United 
States Supreme Court narrowly upheld Mr McCleskey's death sentence as 
constitutional after considering a detailed statistical study by Professor 

David Baldus of Iowa State University, which showed that defendants charged 

with killing white victims in Georgia were several times more likely to be 

sentenced to death than those whose victims were black. The Court did not 

dispute the study's findings, which the majority opinion acknowledged 
indicated "a discrepancy that appears to correlate with race,” but held 
that the defendant had failed to prove that the decision-makers in his 

particular case had acted with discriminatory intent or purpose. The 

majority opinion also found the disparities insufficient to show that the 
Georgia capital sentencing system as a whole operated unconstitutionally. 

Four of the nine justices entered vigorous dissents, finding that the 
evidence showed a risk of racial discrimination in the imposition of 

McCleskey's death sentence which clearly violated the constitution. 

The Supreme Court's decision in no way allays Amnesty International's 

concern that racial factors may have influenced the sentence imposed in 

Warren McCleskey's case. The Baldus study showed that defendants in the 

mid-range category of aggravated homicides - into which McCleskey's case 

fell - were more than four times more likely to be sentenced to death if 

their victims were white, after measuring for more than 200 non-racial 

factors. Differential treatment, based on the race of both defendant and 

victim, was found to occur throughout the judicial process, and was most 

marked in decisions taken by prosecutors on whether or not to seek a death 
sentence in potentially capital cases - a factor Amnesty International 

believes the majority opinion of the Supreme Court failed to take into due 
consideration. 

 



  

Amnesty International believes that the evidence of racial 
discrimination presented in McCleskey v Kemp is compelling, and casts 
overwhelming doubts about the fairness of the sentence imposed in this, and 
similar, cases. Amnesty International has accordingly called upon the 
state government to take steps to initiate a legislative inguiry into 
racial discrimination and the death penalty, and to impose a moratorium on 
executions pending the outcome of this inquiry. 

  

In the meantime, we believe that the interests of justice may only be 
served by commuting the death sentence in this case to one of imprisonment. 
In view of the deep concern this issue has aroused both nationally and 
internationally - and of the uniquely severe and irreversible nature of the 
penalty once carried out - we hope that the Board of Pardons and Paroles 
will give the utmost consideration to this appeal for clemency. 

Yours sincerely, 

ald 
Ian Martin 

Secretary General 
  

 



Georgia 
Committee 
Against the 
Death Penalty 

  

The Georgia Committee Against the Death Penalty is shocked 

that the U.S. Supreme Court Has found it possible to ignore the 

clearly documented evidence of racism in the Georgia capital 

sentencing system. 

Even though the court has turned its back on the issue, the 

evidence of racial discrimination is not going away. In fact, 

the evidence is growing, both in Georgia and in other death penalty 

states, that death sentencing is racially biased. 

The fact that the death penalty is applied unfairly 

according to the color of one's skin and that the nation's highest 
court cannot or will not grant relief is reason enough to abolish 
the death penalty in America. 

And finally, because of the role racism has played in the 
death sentencing of Warren McCleskey, we urge the state Board of 
Pardons and Paroles to commute Mr. McCleskey's sentence to 

life imprisonment. 

88 Walton Street, NW. Atlanta, Georgia 30303¢(404) 522-4971 

 



  

   NCADP 
  

National Coalition Against the Death Penalty 

Executive Committee 

Howord Zehi-Chawr 
Mennonite Centro Committee 

Cathy Ansheles 
Southern Cookton 
on Jos & Prisons 

David Bruck 
Columbo South Carokno 

Robert Bryan 
Northern Coktorrwa Cooktion 
Agains! the Dearth Renalty 

Haywood Burns 
Natrona! Conference 
of Block Lowyers 

Guillermo Chavez 
Urvtea Methoarst Church 

Tanya Coke 
NAACP Lega! Defense Fund 

L C Dorsey 
Memphis. Tennessee 

Charles Fulwood 
Amnesty international US A 

Jonathqn Gradess 
New York State 

Detengers Associaton 

Ron Kreitemeyer 
US Cathokc Conference 

Bruce Ledewt: 
Allegheny County 
Death Renotty Project 

Wilkom J Lucero 
Urutarnan Uriversoks? 
Service Committee 

Joseph Lyles 
Low Students Civil Raghts 
Research Council 

Mogee 
New York New York 

Garry Mendez 
Notional Urban Lleogue 

Jane Motz 
American Frenas 

Service Committee 

Henry Schwaorzschila 
ACLU Capxto 
Punishment Project 

Marcia Schwen 
Long sion Coaiton 
Against the Deoth Renolty 

DeCourcy Squwe 
Nebraskons Against 
the Deoth Renalty 

Jomes Sunderland 
Coworooc Coalition 
Against the Death Renalty 

Earl Trent 
Americon Baptist Churches 

Pom Tucker 
western Rennsyivamo Coaktion 
Agonst the Death Renalty 

Marge Woods 
Reopie of Color 
Task Force on Criminal Justice 

Kothy Young 
Presbytenon Church (USA) 

July. 7, 1887 

Wayne Snow, Chair 
Georgia Board of Pardons and Parcle 
Floyd Veterans Memorial Building - East Tower 
2 Martin Luther King Jr. Drive 
Atlanta, GA 30334 

Dear Mr. Snow: 

I write on behalf of the National Coalition and ite 110 

national and local affiliates involved in civil rights, 
civil liberties, religious, and public advocacy work. 

In the name of justice and equality under i) daw, I 

urge you to grant clemency to Warren McCleske 

As you know, the Supreme Court in April accepted Mr. 
McCleskey 8 claim of racial diecrimination in Georgia 
capital sentencing, but left it to state governments to 
remedy the situation. Now, Gecrgia plans to put its 
final stamp of approval on racism by killing the person 
whose name has come to sybolize discrimination in death 
sentencing in the United States. 

The Supreme Court has told ue what is legal, but it’ 
our responsibility to determine what is moral. To 
execute Mr. McCleskey ies to ratify racism on the 
governmental level; it would be profoundly wrong. 

eves of the nation will be on Georgia as July 14th 
ge. Our commitment tc justice for all people hae 

een more clearly on the line. Fleasge commute Mr. 
ey’ 8 death sentence, 

Reh be rN 
Leigh Dingereon 
Director, NCADF “add 

National Office: 1419 V Street NW, Washington, DC 20009 ¢ (202) 797-7090 e Leigh Dingerson, Director 

Field Office: PO. Box 600, Liberty Mills, IN 46946  (219)982-7480 e Bob Gross, Associate Director 

 



CHARLES & PAULINE SULLIVAN 

#11 15TH ST. NE. SUITE 6 

WASHINGTON, D.C. 20002 

202-543-8399 

  

  

  

  

aa De rson 

=o1ONe 

CITIZENS UNITED FOR REHABILITATION OF ERRANTS 
“A NATIONAL EFFORT TO REDUCE CRIME 

 300mors THROUGH CRIMINAL JUSTICE REFORM" 
  

---+ G Bustamante 
roe (Mickey) Leland   

July 6, 1987 

  

Wayne Snow 

Georgia Board of Pardons and Paroles 

2 Martin Luther King St, S.E. 
Atlanta, GA 30334 

Dear Mr, Snow, 

I am writing to request that you grant clemency to Warren MeCleakey 

who is scheduled to be executed next Tuesday, July 14, 

Mr. McCleskey's case went to the Supreme Court and motivated a 

comprehensive study of the racist application of the death penalty. This 

study found that the death penalty was still applied in a racist fashion, 

Also, our organization is dedicated to reducing crime through rehabili- 

tation, We know of many persons who have changed their lives while on death 

row, One of these is William Witherspoon who was asked why he seemed to 

develop as a2 human belng under the abominable conditions of death row. He 

replied that "a rose comes to its fullest bloom when it is plucked and placed 

into a vase to die", 

In summary, I request that you grant clemency to Mr, McCleskey. He is 

certainly a victim of the racist application of the death penalty, Also, 

killing him nullifies any opportunity for rehabilitation which is the under- 

lying principle of our organization, 

Whatever consideration you give to this request will be appreciated, 

Sincerely, 

GL p ns 5 ~& LL Acm—g 
— 

Charles Sullivan 

 



  

130 Beaver Trail 

Winterville, GA 30683 
July 5, 1987 

Mr. Wayne Snow, Chairman 

GA Bd. of Pardons and Parole 
Floyd Veterans Memorial Bldg. 
2 M.L.K. Jr. Dr. 
Atlanta, GA 30334 

Dear Mr. Snow and Board Members: 

I am writing concerning the fate of Warren McCleskey who is sentenced to 
die this month. I urge you to commute his sentence to life imprisonment. 

I am, on principal, opposed to the death penalty for anybody. I am so 

afraid in this case that the man might be innocent. What if this is proven 

after his execution? 

In this particular case, I do not believe enough evidence was shown that 

he actually shot the gun that killed the policeman. Please do what you 
can to halt this execution, of perhaps an innocent man. 

Jouls 

To 

  

NN 

Doilitn. 
\ 
A Durham 

 



Jan Douglass 

  

Studies on the death penalty in Georgia show that the race of the 
victim is a chief determinant of death sentences. If a Black person 
kills a white in Georgia he is eleven times more likely to receive a 
death sentence than those who kill Blacks. I take issue with the 
morality of the death penalty and this biased application of the law 
makes the Warren McClesky case even more important. 

Racism is present when you can prove a dual standard whether 
direct or indirect. Capital punishment, like other practices in this 
country, has a history of this racism in Georgia and in the country. 

I am writing to express my very deep concern. People of 
conscience must take a witness not only on the mcClesky case but 
against the death penalty. The majority of cases on death row are 
poor people without financial recourse for help. Crimes must be 
punished; however restitution must take another form as opposed to 
taking lives and taking lives based on the race of the victim and 

offender. 

1] 

106 Ozcne Strest S.W.  Atiznta, Georaia 30314