Philippine Standard Time
Monday, June 10, 2019, 2:18:54AM

In Defense of the Right to Life: International Law and Death Penalty in the Philippines

A study by the Commission on Human Rights of the Philippines and Dr. Christopher Ward, SC, Australian Bar, Adjunct Professor, Australian National University

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Zimbabwe Considers Abolishing Death Penalty
Human Rights Watch | https://www.hrw.org/news/2024/02/15/zimbabwe-considers-abolishing-death-penalty, February 15, 2024
Death penalty incompatible with right to life
OHCHR | https://www.ohchr.org/en/stories/2024/01/death-penalty-incompatible-right-life, January 31, 2024
Debunking narratives for a return of the death penalty
WCADP | https://worldcoalition.org/2023/11/13/debunking-narratives-for-a-return-of-death-penalty/, November 13, 2023
Jury in Pittsburgh synagogue trial to begin deliberating death penalty
The New York Times | https://www.nytimes.com/2023/07/31/us/pittsburgh-synagogue-deliberations-death-penalty.html, July 31, 2023
Singapore executes a woman for first time in almost two decades
The Guardian | https://www.theguardian.com/world/2023/jul/28/singapore-woman-execute-death-penalty-saridewi-djamani-executed, July 28, 2023
Ghana votes to remove death penalty, calling it sign of ‘inhumane’ society
The Washington Post | https://www.washingtonpost.com/world/2023/07/26/ghana-parliament-abolish-death-penalty/, July 26, 2023
Comment by UN High Commissioner for Human Rights Volker Türk after Ghana’s Parliament votes to abolish death penalty
UN OHCHR | https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century, July 26, 2023
Parents in South Korea who kill newborns now face death penalty after law passed
The Straits Times | https://www.straitstimes.com/asia/east-asia/south-korea-parents-who-kill-newborns-now-face-death-penalty-after-law-passed, July 19, 2023
Capitol Hill Democrats introduce bill to end federal death penalty
Catholic News Agency | https://www.catholicnewsagency.com/news/254839/capitol-hill-democrats-introduce-bill-to-end-federal-death-penalty, July 19, 2023
North Koreans risk death penalty for using South Korean language
Scottish Legal News | https://www.scottishlegal.com/articles/north-koreans-risk-death-penalty-for-using-south-korean-language, June 30, 2023
Arizona Man Is Freed After 28 Years on Death Row
New York Times | https://www.nytimes.com/2023/06/16/us/arizona-barry-jones-conviction-overturned.html, June 16, 2023
Two Australians facing death penalty in Vietnam granted clemency
Al Jazeera | https://www.aljazeera.com/news/2023/6/6/two-australians-facing-death-penalty-in-vietnam-granted-clemency, June 06, 2023
Japanese Supreme Court upholds mans death sentence for Manila murders
The Japan Times | https://www.japantimes.co.jp/news/2023/06/05/national/crime-legal/toshihiko-iwama-supreme-court-sentence-upheld/, June 05, 2023
Zimbabwe’s new bill that imposes death penalty for ‘unpatriotic acts’
Africa Feeds | https://africafeeds.com/2023/06/01/zimbabwes-new-bill-that-imposes-death-penalty-for-unpatriotic-acts/, June 01, 2023
Iran hangs three on drug charges amid criticism
Al Jazeera | https://www.aljazeera.com/news/2023/5/21/iran-hangs-three-on-drug-charges-amid-criticism, May 21, 2023
Singapore: OHCHR calls on authorities to halt imminent trafficking execution
United Nation News | https://news.un.org/en/story/2023/04/1136022, April 25, 2023
Washington state eliminates death penalty from law
CNN | https://edition.cnn.com/2023/04/21/politics/washington-state-death-penalty-eliminated/index.html, April 21, 2023
Malaysia ends mandatory death penalty for serious crimes
BBC News | https://www.bbc.com/news/world-asia-65160091, April 03, 2023
HC: Death penalty should be abolished in the 21st century
UN OHCHR | https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century, April 03, 2023
HC: Death penalty should be abolished in the 21st century
UN OHCHR | https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century, April 03, 2023
HC: Death penalty should be abolished in the 21st century
UN OHCHR | https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century, April 03, 2023
HC: Death penalty should be abolished in the 21st century
UN OHCHR | https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century, April 03, 2023
Surge in executions of drug offenders in 2022, more on death row
Al Jazeera | https://www.aljazeera.com/news/2023/3/16/surge-in-executions-of-drug-offenders-in-2022-more-on-death-row, March 16, 2023
Pope condemns Irans use of death penalty against protesters
Reuters | https://www.reuters.com/world/europe/pope-says-wars-like-that-ukraine-are-crime-against-god-humanity-2023-01-09/, January 09, 2023
Pope Francis’ prayer intention for September: ‘Abolition of the death penalty’
CBCP News | https://cbcpnews.net/cbcpnews/pope-francis-prayer-intention-for-september-abolition-of-the-death-penalty/?fbclid=IwAR3iULIPLvQJPPcXrjjp6IieOYM5V_6sHPMu36rdXbereY7Aqe2N9k07YzA, September 01, 2022
Singapore executes two drug traffickers despite pleas for clemency
CNN | https://edition.cnn.com/2022/07/07/asia/singapore-executions-kalwant-singh-intl-hnk/index.html, July 07, 2022
Malaysia to abolish mandatory death penalty
Al Jazeera | https://www.aljazeera.com/news/2022/6/10/malaysia-to-abolish-mandatory-death-penalty, June 10, 2022
Missionary priest praises Central African Republic for abolishing death penalty
Crux | https://cruxnow.com/church-in-africa/2022/06/missionary-priest-praises-central-african-republic-for-abolishing-death-penalty, June 02, 2022
Saudi Arabia: Release Abdullah al-Howaiti, revoke death sentence
Un News | https://news.un.org/en/story/2022/05/1119392, May 31, 2022
Rights office welcomes Zambia’s pledge to abolish the death penalty
UN News | https://news.un.org/en/story/2022/05/1119282, May 22, 2022
Kazakhstan Finalizes Commitment to Abolishing Death Penalty, Submits Ratification of Protocol to UN
The Astana Times | https://astanatimes.com/2022/03/kazakhstan-finalizes-commitment-to-abolishing-death-penalty-submits-ratification-of-protocol-to-un/, March 28, 2022
Papua New Guinea abolishes death penalty
JURIST | https://www.jurist.org/news/2022/01/papua-new-guinea-abolishes-death-penalty/, January 24, 2022
‘Just Mercy’ author urges Utah Legislature to abolish death penalty
Deseret News | https://www.deseret.com/utah/2022/1/19/22891315/utah-abolish-death-penalty-bryan-stevenson-just-mercy-capital-punishment-execution-ron-lafferty, January 20, 2022
Macron calls for worldwide end to death penalty on 40th anniversary of French abolition
France 24 | https://www.france24.com/en/france/20211009-live-macron-marks-40-years-since-france-s-abolition-of-the-death-penalty, September 10, 2021
Virginia Becomes First Southern State to Abolish the Death Penalty
The New York Times | https://www.nytimes.com/2021/03/24/us/politics/virginia-death-penalty.html, March 24, 2021
Death penalty debate reemerges in Nevada after past stalls
Fox 5 (Las Vegas) | https://www.fox5vegas.com/election_hq/death-penalty-debate-reemerges-in-nevada-after-past-stalls/article_0688f6c2-8cf7-11eb-92c9-87b29a7fff72.html, March 24, 2021
Virginia becomes first state in US south to abolish death penalty
ALJAZEERA | https://www.aljazeera.com/news/2021/3/24/virginia-becomes-first-southern-state-to-end-death-penalty, March 24, 2021
Abolish the federal death penalty
Chicago Sun-times | https://chicago.suntimes.com/2021/3/1/22308151/federal-death-penalty-abolish-illinois-editorial, March 01, 2021
Family members of murder victims speak out against the death penalty
KPVI News 6 | https://www.kpvi.com/news/local_news/family-members-of-murder-victims-speak-out-against-the-death-penalty/article_a277f95a-7b0b-11eb-b0db-e71c026bc980.html, March 01, 2021
Bill To Repeal Death Penalty Filed In Wyoming Legislature
Kgab | https://kgab.com/bill-to-repeal-death-penalty-filed-in-wyoming-legislature/, March 01, 2021
State Senate Votes to Abolish Death Penalty
Newsradio 1140 WRVA | https://www.radio.com/newsradiowrva/articles/local/state-senate-votes-to-abolish-death-penalty, February 04, 2021
Trump administration carries out 13th, final federal execution
Aljazeera | https://www.aljazeera.com/news/2021/1/16/trump-administration-carries-out-13th-final-federal-execution, January 16, 2021
A federal judge has granted a stay of execution for the only woman on federal death row pending a competency hearing
CNN | https://edition.cnn.com/2021/01/12/us/lisa-montgomery-execution-stayed/index.html, January 12, 2021
Asian Nations Reject UN Vote Against Death Penalty
Human Rights Watch | https://www.hrw.org/news/2020/11/25/asian-nations-reject-un-vote-against-death-penalty, November 24, 2020
Holy See: ‘Death penalty the most shocking thing in the world
Vatican News | https://www.vaticannews.va/en.html, October 10, 2020
Tunisia president calls for return of death penalty following brutal killing
The Guardian | https://www.theguardian.com/global-development/2020/oct/01/tunisia-president-calls-for-return-of-death-penalty-following-brutal-killing, October 01, 2020
Kazakhstan takes important step towards abolishing death penalty
Amnesty Internatonal | https://www.amnesty.org/en/latest/news/2020/09/kazakhstan-takes-important-step-towards-abolishing-death-penalty/, September 24, 2020
US Bishops stress opposition to death penalty
Independent Catholic News | https://www.indcatholicnews.com/news/40518, September 23, 2020
‘Travesty of justice’: Reaction to execution of Iranian wrestler
Aljazeera | https://www.aljazeera.com/news/2020/9/14/travesty-of-justice-reaction-to-execution-of-iranian-wrestler, September 14, 2020
Unpacking public opinion on the death penalty
Asia Pacific Forum | https://www.asiapacificforum.net/news/unpacking-public-opinion-death-penalty/?fbclid=IwAR1nZrobPsNYhxX0OPAMarJzD5XNqcgpYDWN26O7NXkr4ZomfUPk5jiGhvI, July 28, 2020
The Florida Supreme Court’s U-turn on the death penalty
Tampa Bay Times | https://www.tampabay.com/opinion/2020/05/27/the-florida-supreme-courts-u-turn-on-the-death-penalty-editorial/, May 28, 2020
Man sentenced to death in Singapore via Zoom
BBC News | https://www.bbc.com/news/technology-52739676, May 20, 2020
Saudi Arabia ends death penalty for crimes committed by minors
The Guardian | https://www.theguardian.com/world/2020/apr/27/saudi-arabia-ends-death-penalty-for-minors, April 27, 2020
Catholic leaders praise abolition of death penalty in Colorado
CRUX | https://cruxnow.com/church-in-the-usa/2020/03/catholic-leaders-praise-abolition-of-death-penalty-in-colorado/, March 25, 2020
Colorado Abolishes Death Penalty and Commutes Sentences of Death Row Inmates
The New York Times | https://www.nytimes.com/2020/03/23/us/colorado-death-penalty-repeal.html, March 23, 2020
UK urged to act over men facing death in Egypt for alleged childhood crimes
The Guardian | https://www.theguardian.com/global-development/2020/mar/08/uk-urged-to-act-over-men-facing-death-in-egypt-for-alleged-childhood-crimes, March 08, 2020
Berlin International Film Festival: Iranian film about executions wins top prize
BBC | https://www.bbc.com/news/world-middle-east-51693417, February 29, 2020
Trump condemned after claiming very powerful death penalty would reduce drug dealing
The Independent | https://www.independent.co.uk/news/world/americas/us-politics/trump-drug-death-penalty-china-crime-white-house-a9328356.html, February 11, 2020
Outsourcing injustice: Guantanamo on the Euphrates
Al Jazeera News | https://www.aljazeera.com/indepth/opinion/outsourcing-injustice-guantanamo-euphrates-200203105251830.html, February 04, 2020
British Isis prisoners may end up in Iraq, where death sentences are handed down without due process
Independent | https://www.independent.co.uk/news/world/middle-east/isis-iraq-international-law-prisoner-deaths-trial-a9311556.html, February 02, 2020
Saudi Arabia executed record number of prisoners in 2019: Report
ABC News | https://abcnews.go.com/International/saudi-arabia-executed-record-number-prisoners-2019-report/story?id=68250502, January 14, 2020
Death Sentence Overturned for Pervez Musharraf, Ex-Leader of Pakistan
The New York Times | https://www.nytimes.com/2020/01/13/world/asia/pervez-musharraf-pakistan-death-sentence.html, January 13, 2020
Japan executes foreigner for first time in a decade
Independent | https://www.independent.co.uk/news/world/asia/first-foreigner-execution-decade-japan-wei-wei-china-a9260671.html, December 26, 2019
The Khashoggi verdict is exactly what impunity looks like. It must be denounced.
Agnes Callamard, Opinions, Washington Post | https://www.washingtonpost.com/opinions/the-khashoggi-verdict-is-exactly-what-impunity-looks-like-it-must-be-denounced/2019/12/23/60b5226c-25cc-11ea-ad73-2, December 24, 2019
5 foreigners in drug case could face death in Indonesia
Inquirer.net | https://newsinfo.inquirer.net/1202995/5-foreigners-in-drug-case-could-face-death-in-indonesia?utm_medium=Social&utm_source=Facebook#Echobox=1576715552, December 18, 2019
Pervez Musharraf: Pakistan ex-leader sentenced to death for treason
BBC News | https://www.bbc.com/news/world-asia-50819772, December 17, 2019
Botswana urged to abolish death penalty after latest execution
The Guardian | https://www.theguardian.com/global-development/2019/dec/09/botswana-urged-to-abolish-death-penalty-after-latest-execution, December 09, 2019
I Oversaw Executions. We Cannot Resume the Federal Death Penalty
New York Times | https://www.nytimes.com/2019/12/04/opinion/federal-death-penalty-execution.html, December 04, 2019
Americans Now Support Life in Prison Over Death Penalty
Gallup News | https://news.gallup.com/poll/268514/americans-support-life-prison-death-penalty.aspx, November 25, 2019
UN criticizes Irans use of death penalty against minors
DW | https://www.dw.com/en/un-criticizes-irans-use-of-death-penalty-against-minors/a-50959211, October 24, 2019
The Death Penalty for Drugs: What Public Opinion Surveys in Asia Teach Us
Giada Girelli, Filter Mag | https://filtermag.org/death-penalty-drugs-public-opinion-asia/, October 17, 2019
Malaysia: Unfair trials, secretive hangings and petty drug convictions reveal ‘cruel injustice’ of the death penalty
Amnesty International | https://www.amnesty.org/en/latest/news/2019/10/malaysia-unfair-trials-secretive-hangings-petty-drug-convictions-cruel-injustice-death-penalty/, October 10, 2019
Against the death penalty: barrister Julian McMahon
ABC Radio | https://www.abc.net.au/radio/programs/conversations/julian-mcmahon-against-capital-punishment/11323694, July 25, 2019
Malaysia’s repeal of death penalty opens deep wounds, including that of Mongolian model murder
The Independent|http://theindependent.sg/malaysias-repeal-of-death-penalty-opens-deep-wounds-including-that-of-mongolian-model-murder/, July 09, 2019
Why is Sri Lanka reinstating death penalty?
DW|https://www.dw.com/en/why-is-sri-lanka-reinstating-death-penalty/a-49469184, July 07, 2019
Debate on death penalty not very vigorous 1 year after Aum executions
Japan Today|https://japantoday.com/category/crime/Debate-on-death-penalty-not-very-vigorous-1-year-after-AUM-executions, July 06, 2019
Prosecutor won’t seek death penalty in death of grandmother
News 4 Tucson|https://kvoa.com/news/2019/07/06/prosecutor-wont-seek-death-penalty-in-death-of-grandmother-2/, July 06, 2019
SC issues Interim Order against death penalty
Daily FT|http://www.ft.lk/top-story/SC-issues-Interim-Order-against-death-penalty/26-681423, July 06, 2019
Latter-day Saint Church defends involvement in death penalty case
Fox13 Salt Lake City|https://fox13now.com/2019/07/06/latter-day-saint-church-defends-involvement-in-death-penalty-case/, July 06, 2019
Sri Lanka- Supreme Court issues interim order against death penalty
MenaFN|https://menafn.com/1098726786/Sri-Lanka-Supreme-Court-issues-interim-order-against-death-penalty, July 05, 2019
Jury to consider death penalty in Chinese scholar killing
Federal News Network|https://federalnewsnetwork.com/u-s-news/2019/07/jury-to-consider-death-penalty-in-chinese-scholar-killing/, July 05, 2019
Death penalty debate remains muted in Japan 1 year after AUM executions
Kyodo News|https://english.kyodonews.net/news/2019/07/ac82c329cc50-debate-on-death-penalty-not-spirited-1-year-after-aum-executions.html, July 05, 2019
Source: Govt will not table Bill to abolish death penalty this Parliament meeting
The Star|https://www.thestar.com.my/news/nation/2019/07/05/source-govt-will-not-table-bill-to-abolish-death-penalty-this-parliament-meeting/#AutEm2wGijJmcWeJ.99, July 05, 2019
The murder was caught on surveillance video. The accused now faces death if convicted
Miami Herald|https://www.miamiherald.com/news/local/crime/article232314222.html, July 05, 2019
Kentucky judge declares death penalty protocol unconstitutional
Crux Now|https://cruxnow.com/church-in-the-usa/2019/07/04/kentucky-judge-declares-death-penalty-protocol-unconstitutional/, July 04, 2019
As Malaysia eyes death penalty repeal, Al Jazeera documentary explores dilemma of capital punishment
Malay Mail|https://www.malaymail.com/news/malaysia/2019/07/04/as-malaysia-eyes-death-penalty-repeal-al-jazeera-documentary-explores-dilem/1768271, July 04, 2019
Merced County DA is seeking the death penalty. And it could get costly, experts say
The Merced Sunstar|https://www.mercedsunstar.com/news/local/crime/article232240867.html, July 03, 2019
Jose Martinez, The Hit Man Who Confessed To Killing Three Dozen People, Avoids The Death Penalty
BuzzFeed News|https://www.buzzfeednews.com/article/jessicagarrison/jose-martinez-the-hitman-who-confessed-to-killing-three, July 03, 2019
Activists Hold Annual Fast Outside Supreme Court to Protest Death Penalty
Spektrum News|https://spectrumnews1.com/ky/lexington/news/2019/07/02/death-penalty-protest-in-washington, July 02, 2019
Kentucky judge declares states death penalty protocol unconstitutional
The Courier Journal|https://www.courier-journal.com/story/news/2019/07/02/death-penalty-protocol-struck-down-kentucky-judge/1634299001/, July 02, 2019
Lawmakers vote to substantially limit Oregon’s death penalty
Oregon Live|https://www.oregonlive.com/politics/2019/06/lawmakers-vote-to-substantially-limit-oregons-death-penalty.html, June 29, 2019
Abolish the Death Penalty?
New York Times|https://www.nytimes.com/2019/06/22/opinion/letters/death-penalty.html, June 22, 2019
In Los Angeles, only people of color are sentenced to death
The Guardian|https://www.theguardian.com/us-news/2019/jun/18/los-angeles-death-penalty-sentences-jackie-lacey, June 18, 2019
GEORGIA PREPARES TO CARRY OUT THE 1,500TH EXECUTION IN THE U.S. SINCE 1976
The Intercept|https://theintercept.com/2019/06/18/georgia-execution-death-row/, June 18, 2019
Debunking the Court’s Latest Death-Penalty Obsession
The Atlantic|https://www.theatlantic.com/ideas/archive/2019/06/supreme-court-defends-death-penalty-again/591682/, June 17, 2019
Poll finds Californians support the death penalty — and Newsom’s moratorium on executions
The LA Times|https://www.latimes.com/politics/la-pol-ca-california-death-penalty-poll-20190617-story.html, June 17, 2019
Using Saudi death penalty vs. children is barbaric
CNN|https://edition.cnn.com/2019/06/17/opinions/saudi-death-penalty-children-murtaja-qureiris-coogle/index.html, June 17, 2019
Reader reluctantly accepts governor’s death penalty moratorium
The LA Times|https://www.latimes.com/socal/burbank-leader/opinion/tn-blr-me-letters-to-the-editor-20190614-story.html, June 14, 2019
Saudi Teenager Faces Death Sentence for Acts When He Was 10
New York Times|https://www.nytimes.com/2019/06/09/world/middleeast/saudi-teenager-death-sentence.html, June 09, 2019
GOP Lawmakers Are Quietly Turning Against the Death Penalty
The Atlantic|https://www.theatlantic.com/politics/archive/2019/06/new-hampshire-helped-abolish-death-penalty/590803/, June 07, 2019
Death knell: taking a stand to abolish capital punishment
Monash University | https://lens.monash.edu/@politics-society/2019/02/26/1373504/fighting-to-abolish-capital-punishment, February 26, 2019
Germany abolishes death penalty in public vote
Independent | https://www.independent.co.uk/news/world/europe/germany-abolishes-death-penalty-hesse-state-capital-punishment-vote-referendum-a8645036.html, November 21, 2018
Pope Francis: ‘death penalty inadmissable’
Vatican News | https://www.vaticannews.va/en/pope/news/2018-08/pope-francis-cdf-ccc-death-penalty-revision-ladaria.html, August 02, 2018
One Test Could Exonerate Him. Why Wont California Do It?
The New York Times|https://www.nytimes.com/2019/06/14/opinion/sunday/death-penalty.html, May 17, 2018

World News

Arizona Man Is Freed After 28 Years on Death Row

June 16, 2023, New York Times

Wearing a T-shirt that read “Free Bird,” an Arizona man who spent nearly 28 years on death row was freed on Thursday after a judge overturned his conviction on charges that he had sexually assaulted and murdered his girlfriend’s 4-year-old daughter.

Last year, the U.S. Supreme Court rejected a bid by the man, Barry Jones, for relief. But his lawyers entered mediation with prosecutors, who agreed this month that the conviction should be overturned and that he should plead guilty to a lesser charge.

Mr. Jones’s lawyers had argued that he had been wrongfully convicted because his trial lawyer was ineffective and failed to uncover medical evidence that he was not responsible for the injuries that caused the death of the girl, Rachel Gray.

At a hearing on Thursday, an Arizona Superior Court judge overturned Mr. Jones’s conviction on charges of child abuse, sexual assault and felony murder, and vacated his death sentence.

Under an agreement with prosecutors, Mr. Jones, 64, pleaded guilty to a lesser charge, second-degree murder, for failing to seek medical help for Rachel.

He was sentenced to 25 years — time he had already served during the nearly three decades he spent behind bars since his arrest on the day Rachel died, May 2, 1994.

Less than 90 minutes after the hearing, Mr. Jones was reunited with his family, including his three children, said his lawyer, Cary Sandman.

“It is an incredible feeling to be back in the arms of my family after 29 years,” Mr. Jones said in a statement on Friday. “I am so grateful to my defense team, who never gave up on exposing the truth in my case, and to my family, who stood by me throughout this terrible ordeal.”

Laura Conover, the Pima County attorney, whose office prosecuted Mr. Jones in 1995, said in an interview on Friday that her office had reviewed “voluminous expert transcripts” from a seven-day evidentiary hearing with medical experts that had been held in federal court in 2017.

“The idea that Mr. Jones had committed the fatal injury — the evidence was no longer there,” she concluded, adding, “The original theory of the state was flawed.”

“This is but one of myriad cases which highlight the frailties and the fallacies of the death penalty,” said Ms. Conover, who added that she opposes capital punishment. “This is why we should not be tinkering with the machinery of death.”

Ms. Conover noted the delicate balance in handling Mr. Jones’s case.

“I would acknowledge the road that he has been on,” she said. “Having been accused and convicted of an injury he seemingly did not commit has cost him dearly. At the same time, these are the heartbreaking cases we deal with when a 4-year-old suffers abuse and neglect.”

Rachel’s cause of death was determined to be homicide resulting from a small bowel laceration from blunt abdominal trauma, court records show.

Prosecutors argued that Mr. Jones had beaten and sexually assaulted her while she was under his care on May 1, 1994. He was convicted and sentenced to death in July 1995.

In October 2017, a federal judge held the evidentiary hearing with medical experts and investigators to examine Mr. Jones’s claim that he had ineffective representation at his trial.

The judge concluded in 2018 that Mr. Jones’s conviction should be overturned, finding that the police investigation was “colored by a rush to judgment and a lack of due diligence,” and that an effective lawyer would have brought these faults to the jury’s attention.

The trial lawyer failed to uncover “key medical evidence that Rachel’s injuries were not sustained on May 1, 1994,” the judge wrote, and failed to question other physical evidence and eyewitness testimony presented by prosecutors.

If the lawyer had properly defended Mr. Jones, “there is a reasonable probability that his jury would not have convicted him of any of the crimes,” the judge wrote. A federal appeals court panel later affirmed that finding.

But in May 2022, the Supreme Court ruled against Mr. Jones and another Arizona death row inmate, David Ramirez, in a decision that sharply limited prisoners’ ability to challenge their convictions in federal court by arguing that their lawyers had been ineffective in state court proceedings.

The 6-to-3 decision split along ideological lines.

Justice Clarence Thomas, writing for the majority, said that a federal court considering a habeas corpus petition, or a petition challenging the validity of a prisoner’s conviction or sentence, “may not conduct an evidentiary hearing or otherwise consider evidence beyond the state-court record based on ineffective assistance of state post-conviction counsel.”

In dissent, Justice Sonia Sotomayor wrote: “Two men whose trial attorneys did not provide even the bare minimum level of representation required by the Constitution may be executed because forces outside of their control prevented them from vindicating their constitutional right to counsel.”

Justice Thomas wrote that the “sprawling” evidentiary hearing in Mr. Jones’s case amounted to a “wholesale relitigation of Jones’s guilt” that was “plainly not” envisioned under a previous Supreme Court decision in 2012.

Justice Sotomayor responded that the hearing was required because Mr. Jones’s lawyers were ineffective.

“Far from constituting an inappropriate and ‘wholesale re-litigation of Jones’s guilt,’” she wrote, “the District Court’s hearing was wide-ranging precisely because the breakdown of the adversarial system in Jones’s case was so egregious.”

Mr. Sandman said he was grateful that the Arizona attorney general and the Pima County attorney had taken a fresh look at the case and had acknowledged that Mr. Jones “never received a fair trial.”

“We hope that Barry can enjoy the rest of his life in peace, surrounded by his family and friends,” Mr. Sandman said.



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