FOR IMMEDIATE RELEASE
NEWS RELEASE
January 8, 2014
For More Information, contact:
Luther Strange
Joy Patterson (334) 242-7491
Alabama Attorney General
Claire Haynes (334) 242-7351
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AG STRANGE PUSHES MAJOR CRIMINAL JUSTICE REFORMS
LEGISLATIVE PACKAGE FOCUSES ON STREAMLINING DEATH PENALTY
APPEALS; EXPANDING CAPITAL OFFENSES TO INCLUDE SCHOOL KILLINGS
(MONTGOMERY) – Attorney General Luther Strange today announced major
criminal justice reforms that he will advocate for in the upcoming session of the
Alabama Legislature. Standing with prosecutors, law enforcement officers and state
legislators at news conferences held around the state, Attorney General Strange is
asking legislators to strengthen the death penalty appeals process and to provide better
investigative tools to fight crime.
“During my time as Attorney General, I have observed the dedication of law
enforcement and prosecutors, and their determination to protect the citizens of
Alabama. I have listened to their concerns for changes that are needed to give them
better tools and to make the criminal justice process stronger and more effective,” said
Attorney General Strange.
“Death penalty appeals in Alabama seem endless, with excessive delays that
serve only to prolong pain and postpone justice for the victims of these heinous crimes.
We are proposing fair and sensible changes to make the system work better for
everyone. We also send a clear message that we will not tolerate the slaughter of our
children at schools, with changes in the law that specify it is a capital crime to murder
them and others who are particularly vulnerable. “
The Fair Justice Act offered by Attorney General Strange and the Alabama District
Attorneys Association would amend two parts of Alabama’s death penalty law. This
legislation is sponsored by Rep. Lynn Greer and Sen. Bill Holtzclaw.
- The first bill addresses the cumbersome and inefficient appeals process. Following a
capital conviction, there is a period of “direct appeals” in which the defendant may
seek to overturn the conviction and death sentence. Afterward, the defendant may
file a “Rule 32” petition for post-conviction relief to challenge the conviction and
death sentence. Currently, defendants may wait until one year after the conclusion
of direct appeals to their convictions and sentences before even beginning Rule 32
appeals of their sentences. The Fair Justice Act requires capital defendants to file
Rule 32 petitions within 180 days of filing their first direct appeal. Capital
defendants would receive better representation by having their claims considered
501 Washington Avenue * Montgomery, AL 36104 * (334) 242-7300
www.ago.state.al.us Page 2 of 3
earlier in the process, and indigent defendants would be appointed counsel for the
Rule 32 petition within 30 days of being sentenced. Finally, the Fair Justice Act calls
for a final decision by the circuit court on the Rule 32 petition within 180 days after
the direct appeal is completed. This act will make the appellate process more
efficient while both maintaining the same opportunities for court review and
enhancing representation currently provided to death row defendants.
- The second bill provides important protections for schoolchildren and certain others
who are particularly vulnerable by expanding classifications for killings that may be
prosecuted as capital offenses. These offenses would now include the murder of any
person on a school campus, any person in a day care or child care facility, anyone
who is covered by a “protection from abuse” order when the murder was
committed for intimidation or retaliation for the order, and any family member of
law enforcement or a public official when the murder was intended for intimidation
or retaliation against the officer or official. The Fair Justice Act also makes it an
aggravating circumstance – a factor to be considered in determining whether to
impose the death penalty – to murder a law enforcement officer when the officer is
acting in the line of duty.
“The Fair Justice Act takes a comprehensive approach to streamlining the appeals
process in death penalty cases so that family members of victims will not have to suffer
for decades awaiting justice to be done,” said St. Clair District Attorney Richard J.
Minor, who is President of the Alabama District Attorneys Association. “The bill
requires that direct and collateral appeals proceed simultaneously, while ensuring that
those defendants sentenced by the court to death will have their rights protected at all
stages of the process. This approach will significantly cut down the appeals process
from what is currently a 16-year odyssey and increasing.”
Madison County District Attorney Rob Broussard, who is Vice President of the
Alabama District Attorneys Association, said, “I believe we are long overdue in the
State of Alabama for legislation such as this. I am tired of seeing victims’ families being
re-victimized by the system. For them to be back in court 20 years after the trial to
litigate baseless appellate issues is a travesty. This legislation should rectify this
problem, and work to the advantage of the defendant also in that his appeals will be
timely.”
Two additional bills included in the Attorney General’s legislative package emerged
from the Attorney General’s Special Prosecutions Alliance, a partnership of state
agencies that Attorney General Strange brought together in 2012 in a major cooperative
initiative to better fight public corruption. The Child Protection and Safe Streets Act of
2014 is sponsored by Rep. Allen Treadaway. The Alabama Witness Safe Harbor Act is
sponsored by Rep. Mike Ball.
501 Washington Avenue * Montgomery, AL 36104 * (334) 242-7300
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- The Child Protection and Safe Streets Act of 2014 would enable law enforcement to
monitor phone communications among criminals to gather evidence that may
include admissions of guilt and even information about future crimes that might be
prevented. Although wiretapping can be a valuable and effective tool in combating
crime, current state law prohibits it use, even by law enforcement. Yet 43 other states
and the federal government recognize the necessity and allow for appropriate
wiretapping with the safeguard of a court order. Court orders for wiretaps would
last only for 30 days, but could be extended for another 30 days. Wiretaps would
only be used for crimes of murder, kidnapping, child pornography, human
trafficking, sex offenses involving children under 12, and felony drug offenses. - The Alabama Witness Safe Harbor Act repairs a deficiency in current state law
regarding immunity from prosecution for witnesses. Citizens have the right not to
testify if doing so might incriminate them, so valuable testimony may be acquired
by granting such persons immunity from prosecution. Yet in Alabama, there is a
cumbersome procedure that requires the witness to agree to accept immunity,
instead of the prosecutor granting immunity and being able to compel testimony.
Alabama is the only state that allows the witness to decline immunity and thus to
withhold testimony.
“As they currently stand, Alabama’s laws regarding wiretapping and witness
immunity serve to tie the hands of law enforcement personnel and prosecutors, and
may actually work for the benefit of criminals,” said Attorney General Strange. “This is
simply wrong. We owe it to our law enforcement and prosecutors to give them the tools
they need to be able to fulfill their duty to protect the people of Alabama and to fight
those who would harm us.”
Additional information about the Attorney General’s legislative package will be
provided upon its introduction and progress through the Alabama Legislature.
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501 Washington Avenue * Montgomery, AL 36104 * (334) 242-7300
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