In this month’s episode of Discussions with DPI, Managing Director Anne Holsinger speaks with Beth Shelburne, a journalist who has reported on the criminal legal system for over 25 years and creator of the podcast Earwitness. Released in 2023 to critical acclaim, Earwitness tells the story of Toforest Johnson, a death-sentenced man who is facing execution in Alabama despite strong evidence of his innocence. On November 14, 2024, Mr. Johnson filed a petition with the Jefferson County Circuit Court requesting a new hearing, the latest in a series of appeals.   

“I realized that this is such a protracted injustice with so many twists and turns over a quarter of a century. So many people have been exploited in the process that it really is a case that's emblematic of many terrible issues in our criminal justice system, and I felt like in order to capture all of that in its totality, I wanted to slow down and really unpack this case in a meaningful way,” explains Ms. Shelburne on why she decided to create the Earwitness podcast. She shares the challenges she and her team faced, including the “fading memories of people … [who] just couldn't remember the finite details that we felt were so crucial ... to pin down. Luckily, we were able to get our hands on quite a bit of source material through.”

In this month’s episode of Discussions with DPIC, Executive Director Robin Maher speaks with Steve Vladeck, a Georgetown law professor and expert on the Supreme Court. Professor Vladeck is the author of The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, released in 2023, as well as the weekly newsletter One First, which breaks down the Court’s rulings and history. Professor Vladeck explains why the Court’s treatment of death penalty cases has recently changed, the role the Court played in creating many of the problems with death penalty cases it now complains about, and how the death penalty shaped the Court’s new orientation and approach to other areas of law.

Rereleased for September 2024: In the March 2021 edition of Discussions with DPIC, Death Penalty Information Center Senior Director of Research and Special Projects Ngozi Ndulue is joined by Carine Williams — the Chief Program Strategy Officer at the Innocence Project — for a conversation about innocence, the death penalty, and “the function of freedom.” Reflecting on the gross miscarriage of justice exhibited in wrongful convictions and exonerations, Williams stresses two critical themes: death is irrevocable and ending the death penalty is simply not enough.

In this month’s episode of Discussions with DPIC, Managing Director Anne Holsinger speaks with Leah Roemer, DPIC’s Legal Fellow and a primary author of our recent report, Lethal Election: How the U.S. Electoral Process Increases the Arbitrariness of the Death Penalty. Leah graduated from Berkeley Law in 2023, where she participated in the Death Penalty Clinic and earned a certificate in Public Interest and Social Justice. Leah discusses how some judges, prosecutors, and politicians alter their behavior in capital cases while running for office, creating unpredictability and inconsistent outcomes for people facing death sentences. However, she explains that the “accepted political wisdom” about the death penalty—that an official must take a pro-death stance to win an election—no longer appears to be true based on DPIC’s research, as many voters now favor candidates willing to criticize or even oppose capital punishment.

In this month’s episode of Discussions with DPIC, Managing Director Anne Holsinger speaks with Jessica Sutton, principal attorney with Phillips Black, a nonprofit public interest law firm focused capital defense. Ms. Sutton has represented clients facing the death penalty in more than a dozen jurisdictions across the U.S. and at all stages of proceedings. In recognition of Pride month, Ms. Sutton discusses the unique challenges LGBTQ+ people face in the capital punishment system and strategies defense teams can use to acknowledge and address these challenges.

In this month’s episode of Discussions with DPIC, Managing Director Anne Holsinger speaks with Lamont Hunter, a former Ohio death-sentenced prisoner who was wrongfully convicted of causing the death of his three-year-old son. After nearly 18 years of incarceration, Mr. Hunter was released from Ohio’s death row on June 15, 2023, after pleading guilty to lesser charges in exchange for his freedom. Since his release, Mr. Hunter has spoken widely about his experience with the criminal legal system and the dangers of wrongful convictions.

In this month’s episode of Discussions with DPIC, Managing Director Anne Holsinger speaks with Elisabeth Semel, Clinical Professor of Law at the University of California, Berkeley. Professor Semel joined Berkeley Law in 2001 as the first director of the school’s death penalty clinic and remains the clinic’s co-director, where students have represented individuals facing capital punishment and written amicus briefs in death penalty cases before the United States Supreme Court. In recognition of 38th year anniversary of the landmark US Supreme Court ruling in Batson v. Kentucky (1986), Professor Semel discusses the implications of the Court’s ruling and recent efforts in California to eliminate racial discrimination in capital punishment and jury selection.

In this month’s episode of Discussions with DPIC, Managing Director Anne Holsinger speaks with Judge Elsa Alcala, who served on the Texas Court of Criminal Appeals from 2011 to 2018. In addition to serving as a judge at the appeals and trial level, she worked as a prosecutor, criminal defense attorney, and most recently as a justice-reform lobbyist during her three-decade career in criminal law. She shares how these experiences have informed her perspective on the death penalty and identifies recommendations for criminal legal reforms. 

In this month’s episode of Discussions with DPIC, Managing Director Anne Holsinger speaks with Keri Blakinger, a journalist at the Los Angeles Times and former reporter for the Marshall Project—a nonprofit news organization focused on the U.S. criminal justice system. At the Marshall Project, Ms. Blakinger wrote stories about the human beings in the criminal justice system—a focus that is still a priority in her reporting with Los Angeles Times.

Ms. Blakinger’s personal experience with prison has given her a unique perspective. In her book, Corrections in Ink: A Memoir (2022), she powerfully tells the story of her personal journey beginning as a young competitive figure skater with an eating disorder, through addiction and incarceration, and ultimately to her transformation into journalist and advocate. 

In this month’s episode of Discussions with DPIC, Managing Director Anne Holsinger speaks with former death-sentenced prisoner Anthony Graves. Exonerated from Texas’ death row in 2010, Mr. Graves has since become an advocate for criminal justice reform, creating the Anthony Graves Foundation, working with the ACLU and Texas Coalition to Abolish the Death Penalty, and testifying before the U.S. Senate on prison conditions. Mr. Graves has also authored an autobiography titled Infinite Hope: How Wrongful Conviction, Solitary Confinement and 12 Years on Death Row Failed to Kill My Soul.

In this month's episode of Discussions with DPIC, Managing Director Anne Holsinger speaks with John Bessler (pictured), of Professor of Law at the University of Baltimore School of Law. Professor Bessler is the author of several books on the death penalty, including his 2023 book The Death Penalty's Denial of Fundamental Human Rights: International Law, State Practice, and the Emerging Abolitionist Norm. In his most recent book, Professor Bessler argues that the death penalty should be classified as torture, which would prohibit its use under international law and treaties. The reality of capital punishment, he explains, is that it is "really just a series of credible death threats." The capital charge is a death threat, the death sentence is a more credible death threat, and the execution itself is a very imminent death threat. International law already prohibits mock executions as a "classic form of psychological torture," and Professor Bessler argues that the death penalty, with its repeated threats to execute, should be viewed the same way. "[T]here's really no way to eliminate the psychological torment that is associated with scheduling someone's death and then subjecting them to that continuous threat of death during the entire process."