home

Workman Executed

Phillip Workman's request for a last meal was unusual:

The 53-year-old requested a vegetarian pizza be delivered to a homeless person in Nashville, Workman's attorney confirmed.

Offered the choice between the electric chair and lethal injection, Workman just said no.

"I'm not going to play no killing game," he told CNN in an exclusive interview last month.

The State chose to end his life with a lethal injection last night. Workman was executed for killing a police officer more than 25 years ago.

< Fort Dix Suspects Trained in the Poconos | Keith Olbermann to Get Molly Ivins Award >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort:
    Interesting to note (5.00 / 1) (#11)
    by HK on Wed May 09, 2007 at 11:02:24 AM EST
    that Workman's last meal request was denied by the Department of Corrections:

    "We can get some special things for the inmate but the taxpayers don't really give us permission to donate to charity," [Riverbend Maximum Security Institution spokeswoman Dorinda] Carter said.

    They just don't like the idea of 'bad' guys doing something good, do they?

    Thats good to hear.... (5.00 / 1) (#56)
    by kdog on Thu May 10, 2007 at 10:30:39 AM EST
    Thanks for the heads up.

    Parent
    It's not complicated (none / 0) (#14)
    by jimakaPPJ on Wed May 09, 2007 at 01:10:51 PM EST
    No, it sounds like they are interested in just following the law.

    Parent
    No..... (5.00 / 2) (#20)
    by kdog on Wed May 09, 2007 at 02:13:58 PM EST
    I think they're a**holes.  What kind of person denies a dying man's simple last wish to give his last meal to someone hungrier and not about to die?

    I'm holding out hope one of the guards on death row fulfilled the wish on the sly on his own dime.

    Parent

    kdog (none / 0) (#22)
    by jimakaPPJ on Wed May 09, 2007 at 03:03:35 PM EST
    What is it about people obeying the law that you don't understand?

    Parent
    I don't know Jim.... (none / 0) (#25)
    by kdog on Wed May 09, 2007 at 03:25:34 PM EST
    what I do know is a wise man once said "rules were made to be broken".  Truer words have never been spoken...and this last meal request is a case in point.

    Nothing gets under my skin more than people who blindly follow stupid arse rules.

    Parent

    kdog (none / 0) (#33)
    by jimakaPPJ on Wed May 09, 2007 at 05:24:40 PM EST
    It is good that you were never in the service.

    BTW - Don't get old and have to deal with Medicare.

    ;-)

    Parent

    Nowonmai (none / 0) (#52)
    by jimakaPPJ on Thu May 10, 2007 at 07:27:18 AM EST
    I wonder how much over the years they collected to pay for the victims wife and family's up keep...

    You know, food, clothes, housing, medical bills, education.

    Parent

    Which has exactly nothing (5.00 / 0) (#58)
    by Edger on Thu May 10, 2007 at 10:35:24 AM EST
    to do with Phillip Workman's last request.

    It wouldn't surprise me to find that the state sent her a bill for his funeral.

    Parent

    Nowonami (1.00 / 1) (#82)
    by jimakaPPJ on Fri May 11, 2007 at 07:35:44 PM EST
    Please, let us not hide.

    You make the point that his friends collected money for the homeless.

    That's nice.

    But wouldn't it have been nice if his friends had helped the family of his victim??

    I would think you would understand that.

    Parent

    Still has nothing (none / 0) (#83)
    by Edger on Fri May 11, 2007 at 07:40:00 PM EST
    to do with Phillip Workman's last request.

    Parent
    Philip (5.00 / 1) (#12)
    by caramel on Wed May 09, 2007 at 11:33:45 AM EST
    I have known Philip for the past 7 years and even if he was drained and tired of all this mess, I'm very sad to see the state of Tennessee giving in to this cheap and worthless propaganda. I'm just surprised that the victim's daughter didn't appear very present in the media as she did for Philiip's previous execution date...
    He will be missed dearly by all his friends.

    Sorry (5.00 / 2) (#74)
    by jondee on Thu May 10, 2007 at 01:23:31 PM EST
    Decon one uncivil scmuck allowed per blog and you obviously got first dibs.

    Thoughtfulness ::and:: integrity. (none / 0) (#1)
    by Edger on Wed May 09, 2007 at 08:54:26 AM EST
    Whether or not he was guilty of the murder is almost irrelevant. He's obviously done a lot of thinking in those 25 years.

    edger (none / 0) (#2)
    by jimakaPPJ on Wed May 09, 2007 at 09:00:51 AM EST
    Whether or not he was guilty of the murder is almost irrelevant.

    Tell that to the policeman he murdered.

    Parent

    Can't, Jim (5.00 / 2) (#10)
    by HK on Wed May 09, 2007 at 10:57:53 AM EST
    on account of Lt Oliver's tragic and untimely death.  But if you mentioned it to Paula Dodillet, maybe she would tell you as she has told others the reasons why she did not think Workman should be executed for the death of her father.

    Parent
    HK (none / 0) (#13)
    by jimakaPPJ on Wed May 09, 2007 at 01:09:41 PM EST
    I really am not concerned about the opinion of the victim's daughter.

    Now if you are willing to let all families of victims have the final say....

    let me know.

    Parent

    Ok. (none / 0) (#3)
    by Edger on Wed May 09, 2007 at 09:22:24 AM EST
    I would bet that he would like to have heard that Workman finally got around to deciding "I'm not going to play no killing game". I don't imagine being murdered is a reason to repudiate a sense of morality.

    Parent
    edger (none / 0) (#8)
    by jimakaPPJ on Wed May 09, 2007 at 10:00:53 AM EST
    Workman was tried, found guilty and had 26 years of appeals.  He was lawfully executed.

    For you to speculate about what his victim may have thought is distasteful at best.

    Parent

    He was a policeman. (none / 0) (#9)
    by Edger on Wed May 09, 2007 at 10:05:00 AM EST
    I speculate that he probably had a strong moral sense. Most policemen I've met do. I find nothing distasteful in that.

    Parent
    edger (none / 0) (#15)
    by jimakaPPJ on Wed May 09, 2007 at 01:12:47 PM EST
    Don't try to hide.

    Your original position was that you knew what the victim would think.

    You didn't.

    You don't.

    You won't.

    Parent

    Me? Hide? (none / 0) (#32)
    by Edger on Wed May 09, 2007 at 05:20:05 PM EST
    It's been six hours since my last comment here Jim. Where have you been since I said I find nothing distasteful in thinking that most policeman have a strong moral sense, or distasteful in thimking they probably think with a strong moral sense.

    Do you? Is a strong moral sense a problem for you Jim?

    Parent

    ::Everybody:: here (none / 0) (#45)
    by Edger on Wed May 09, 2007 at 06:00:16 PM EST
    missed the point. Read it again. I said
    I would bet...
    and I would because, unless someone has stats to show the reverse, I think that by the numbers probably ::most:: people have a reasonably strong sense of morality.

    Here's an example of moral sense. Unrelated, but still an example.

    Parent

    Oh, that explains it! (none / 0) (#4)
    by Deconstructionist on Wed May 09, 2007 at 09:39:34 AM EST
     your mind cannot grasp the basic facts of present reality in this world because it is occupied with divining the thoughts of dead people.

      Perhaps you can be useful. Please share your knowledge about what other dead people think about this execution-- or any other issues that you think the thoughts of dead people would help us understand. those of us unable to communicate with the dead would really appreciate the insights your remarkable ability can provide.

    More insults, decon? (none / 0) (#5)
    by Edger on Wed May 09, 2007 at 09:41:42 AM EST
    This thread is about Phillip Workman.

    Parent
    Yes and (none / 0) (#6)
    by Deconstructionist on Wed May 09, 2007 at 09:44:10 AM EST
    please share more of your insights about what dead people think about him. It's fascinating.

    Parent
    You can read TChris post (none / 0) (#7)
    by Edger on Wed May 09, 2007 at 09:57:12 AM EST
    as well as I can.

    Parent
    Here is more thorough link (none / 0) (#16)
    by Deconstructionist on Wed May 09, 2007 at 01:43:24 PM EST
    link

      Several very important things are revealed therein. First, no interpretation of the facts makes Workman guilty of anything less than felony-murder. He admits to committing the felony of armed robbery and a person died as a proximate cause of his committing the felony.

      However, it appears near certain that the jury convicted him of the premeditated murder of the police officer based on evidence that has been called into question and that the jury would not have recommended death had it not believed the it was an intentional premeditated killing (based on what several of the jurors have stated).

      I won't make this man out to be anything but a guilty criminal whose actions led to the death of another human being but executing him under these circumstances is another example of why I oppose capital punishment. the system is too imperfect and the applications are far too inconsistent.

     

    Thoughts of Dead people (none / 0) (#17)
    by Peaches on Wed May 09, 2007 at 01:49:47 PM EST
    Decon and Jim,

    I have as much problems with Edger's tact as anyone, but lets be fair. Jim, you have made it known what you believe the common Aztec prefered  being ruled by the Spanish Conquistadors over the Aztec Hierarchy. These Aztecs have been dead for centuries.

    What the hell, I don't care. If Jim cares to speculate about this and gives his reasoning for this speculation and finally says, I reserve the right to believe what I believe, I'll leave him to his little fantasy.

    Same goes for Edger. He doesn't believe in the death penalty. As Jim does, he makes a speculation on what the thoughts of a dead policeman would be, based on the assumption that the policeman was compassionate and not a believer in the death penalty, also (or at least believed in rehabilitation over punishments). Maybe he has some evidence for this as well (such as his daughter?).

    Neither has any real connections to dead Policeman's or dead Aztec's thoughts, however. Both of them do have strong opinions and a dislike of those who have viewpoints that differ from their own. Ah well, Edger's views often coincide with my own (I also am against capital punishment) and Jim grows Vegetables (I can't hold a grudge against someone who grows anything).

    I think its better to just leave them to their little spats. It can be entertaining at times.

    Why am I lumped in with Jim? (none / 0) (#18)
    by Deconstructionist on Wed May 09, 2007 at 01:55:07 PM EST
      I don't recall ever claiming any insight into the thoughts of dead people beyond that which can be gleaned from records of thoughts made by or for the people during their lives.

      I must have missed Jim's exposition on the thoughts of the dead Aztecs about present day issues, but I probably would have ridiculed it if I had seen it. I'm an equal opportunity mocker.

    Parent

    Yes, (none / 0) (#19)
    by Peaches on Wed May 09, 2007 at 02:03:17 PM EST
    I probably should not have lumped you in there, except for you jumping in on Edger.

    I apologize and agree you are an equal opportunity mocker.

    Parent

    Heh... (none / 0) (#21)
    by desertswine on Wed May 09, 2007 at 02:32:38 PM EST
    Yeah, no more lumping.

    Parent
    Decon (none / 0) (#42)
    by jimakaPPJ on Wed May 09, 2007 at 05:50:32 PM EST
    You missed it because I wasn't writing about present day issues...

    Matter of fact, I specifically noted that I was talking about 700 year old issues not being related to today's issues and tossed in some books to read.

    But don't confuse'em. They think they're the only smart people.

    Parent

    Peaches (none / 0) (#24)
    by jimakaPPJ on Wed May 09, 2007 at 03:23:39 PM EST
    Yeah, why are you lumping me with Decon? He seems like a nice guy and I enjoy his writing, but I think we are miles apart on the solutions for the WOT and this.

    And my speculation over the response of the ordinary Aztecs are backed by the results. Remember my claim was simply that they judged the Spainards culture, and its religion, better than what they had, and thus didn't fight with any great enthusiasm, else they could have over whelmed the Spainards.

    I didn't claim to know the mind of any single Aztec.

    And, as you know, I am somewhat conflicted over capital punishment, believeing that we must be very certain. Arguing for it, there have been too many guards and other prisioners killed by convicted killers to just say LWOP solves all.

    Parent

    In this context it's "tack," (none / 0) (#26)
    by nolo on Wed May 09, 2007 at 03:47:27 PM EST
    not "tact," that you wanted to use in your first sentence, unless what you mean to say is that edger's tack on this issue is less than tactful.  Otherwise, fine post.

    Parent
    Peaches - I missed this (none / 0) (#44)
    by jimakaPPJ on Wed May 09, 2007 at 05:59:02 PM EST
    cheap shot...

    Both of them do have strong opinions and a dislike of those who have viewpoints that differ from their own.

    The only people I have ever stated I dislike on this blog is edger, squeaky and sailor...for any reason.

    And for these three because they never engage in any debate, just spout attacks.

    But I confess that I might be tempted to add Jondee and cpinva to that list. But I won't because they both are good for a grin from time to time.

    Your remark is as about as accurate as the one about me living in a gated community in Denver...

    Perhaps you had been drinking some of edger's water... ;-)

    BTW - Got any veggies up??? I'm eating green onions, fresh cabbage, lettuce...

    Parent

    Yes, (none / 0) (#54)
    by Peaches on Thu May 10, 2007 at 09:26:18 AM EST
    As I wrote that I thought I should make that distinction between Edger and You. I think you enjoy the back and forth between those on the other side and usually don't start insulting until someone insults you.

    Although, your style can sometimes be interpreted as  trollish and blatantly offensive to the newbie. I take back that cheap shot and apologize. In fact I am kind of sorry I wrote the comment at all. I do think your remark on Aztec [and native Americans] preferences has no more support than Edgers [bet] on what the dead police officer might think if he could tell us, but I jumped in out of boredom more than anything else.

    I think you are more likely to admit that fallibility of human thought and ideology than Edger and you include yourself in the category of human. I think there is a self-righteousness that Edger, BTD and others on the left that is similar to those on the far right who think there is an "objective" True reality and they have some particular  or special access to this reality that their opponents do not share.

    I think you sometimes come across as also having access to Truth that your opponents are ignorant of, but when pressed you say "I am free to believe what I believe" and I actually respect that. My favorite contributers at TL are those who  have an ability to admit that they really don't know, even when they do have strong opinions. I include Kdog, SUO, the seldom seen these days-JLV,  Glanton, and many others.

    Btw, I also really don't know a whole lot, even if I sometimes come across as either sounding smart or trying too. Mostly, I'm just flying by the seat of my pants and that is the excuse I give for my misspeaks in the comment above.

    Parent

    Veggies (none / 0) (#55)
    by Peaches on Thu May 10, 2007 at 10:01:08 AM EST
    I am enjoying fresh Green onions, spinach, lettuce and radishes in my daily salad. I feel rejuvenated, finally, after eating store-bought organic spinach and lettuce. It is so much better to head to the garden each evening to pick the daily salad.

    my cabbage, broccoli, and Cauliflower has a great start and Kale will be ready soon. My tomatoes and peppers are ready to put in the soil, but soil is still too cool. I have a lot of planting to do over the next month and, as usual, worried about finding the time [and space]to get it all in. IT's a nice worry to have.

    Parent

    "Tell that to the policeman he murdered" (none / 0) (#27)
    by jondee on Wed May 09, 2007 at 04:59:15 PM EST
    strongly suggests that you know what dead people think, ppj.

    Edgers remarks were no more speculative than yours.

    But, you "cant, dont, wont" be self-aware enough to see it, or have the intellectual guts to own it. What else is new?

    Heh (none / 0) (#36)
    by jimakaPPJ on Wed May 09, 2007 at 05:28:52 PM EST
    Glad to see Jondee is here to toss his rumbles in...

    Let us see.

    Edger made the original claim. All I did was make a suggestion on what he could do with his newly announced skills..

    Sigh.....yawn....

    Parent

    Btw, Jim (none / 0) (#28)
    by jondee on Wed May 09, 2007 at 05:01:14 PM EST
    you didnt say the Aztecs; you said "the N.A's".

    heh heh (none / 0) (#37)
    by jimakaPPJ on Wed May 09, 2007 at 05:30:47 PM EST
    Go back and read.

    BTW - Peaches complained that I used Aztecs... or something like that..

    sigh....yawn...Some real stirring debate...

    Parent

    maybe (none / 0) (#29)
    by jondee on Wed May 09, 2007 at 05:10:35 PM EST
    Decon can chime in on your behalf.

    I won't chime in on his behalf... (none / 0) (#30)
    by Deconstructionist on Wed May 09, 2007 at 05:15:34 PM EST
    but i will make the observation that while you used to make a decent point from time to time, lately you seem to have been reduced nearly to level of the edgers. squeakys and sailors of this world. I think you can do better.

    Parent
    Maybe it's your (none / 0) (#31)
    by jondee on Wed May 09, 2007 at 05:19:07 PM EST
    mind that's reducing me to "that level".

    Either way, Im not going to lose any sleep over it.

    I do notice that you let "tell it to the officer" slide while having seeming conniptions about what Edger said. Why was that?

    all of the above (none / 0) (#34)
    by jimakaPPJ on Wed May 09, 2007 at 05:25:47 PM EST


    Because it's different (none / 0) (#35)
    by Deconstructionist on Wed May 09, 2007 at 05:28:17 PM EST
     It's just an expression and not intended to suggest he knows about how the deceased feels about the execution of Workman. It was in response to a comment that workman's guilt or innocence is irrelevant.

      An off the cuff remark that the person dead because of the unquestioned guilt of the defendant (he admits all the elements of felony-murder) probably would have preferred it if Workman did not commit the crime  seems reasonable.

      It does not seem reasonable to pretend to know what the officer might have thought about punishment for the guilt as that requires assuming a bit more than, "gee, I   wish I would have lived."

    kind of gives a whole new meaning to (none / 0) (#38)
    by cpinva on Wed May 09, 2007 at 05:33:11 PM EST
    "just say no!", though i suspect that isn't what mrs. reagan had in mind. you know, whenever i come to a fork in the road, i take it.

    i'm always intrigued by jim's complete lack of a grasp of anything resembling facts; it must be nice to have a mind so uncluttered. clearly, based on just your comments here, regarding the aztecs, you don't know your butt from a hole in the ground.

    tell you what jim, go actually study history first, before you make, once again, a total buffoon of yourself in public.

    as for your speculations on dead people's thoughts, who cares?

    cpinva (none / 0) (#39)
    by jimakaPPJ on Wed May 09, 2007 at 05:45:03 PM EST
    Uh, if you are so brilliant, could you please credit Yogi Bear for the fork in the road statement..

    Gesh. Stealing from a bear. How gross.

    As your mostly wilful misunderstanding of my comments, I have never been able to figure out if you were born with that ability or did you take a class.

    No matter, really. You are true legend in your own mind.

    And because of that bloated opinion, you have this habit of being insulting when there is no real reason to do so.

    cpinva, squeaky, edger, jondee, sailor... The Gang of Five.

    Parent

    Decon (none / 0) (#40)
    by jondee on Wed May 09, 2007 at 05:47:14 PM EST
    So, it's "off-the-cuff" and "just an expression" and an "off-the-cuff" remark when Mr. Tell-the-officer bloviates.

    Thank God you're not giving those bomb-throwing Reds that kind of slack; your country needs you.

    this is what i am talking about.. (none / 0) (#43)
    by Deconstructionist on Wed May 09, 2007 at 05:52:44 PM EST
    Rather than respond to what I actually wrote you write snide nonsene that makes you appear foolish and refuses to address what I wrote about the differences between the 2 comments.

      Then you throw in some unfathomable non sequitur about "bomb-throwing reds" that makes you appear mentally unbalanced to boot.

       As I said you used to be better than this, but this is pathetic.

    Parent

    And you (none / 0) (#41)
    by jondee on Wed May 09, 2007 at 05:48:16 PM EST
    the gang of zero.

    Lol! (none / 0) (#47)
    by Edger on Wed May 09, 2007 at 06:08:36 PM EST
    Do you have something I can use to wipe the coffee off my monitor with?

    Parent
    Workman executed (none / 0) (#46)
    by naschkatze on Wed May 09, 2007 at 06:03:04 PM EST
    There's another little site called Tennessee Guerrilla Women that has more on this.  I'm against the death penalty, but there were still questions about Workman's conviction, and even those of you who do believe in the ultimate penalty would not want to see there being the slightest possibility of doubt in the taking of a life, would you?

    Is there anyone on death row (none / 0) (#48)
    by sarcastic unnamed one on Wed May 09, 2007 at 06:34:39 PM EST
    about whom you feel there are no questions about their conviction?

    Parent
    Certainly (none / 0) (#51)
    by Deconstructionist on Thu May 10, 2007 at 07:24:11 AM EST
     there are MANY convictions about which there is no questin of factual guilt.

      In this case, there is no question Workman was factually guilty of at least felony-murder. However, he was convicted of 1st degree murder on the theory the he was the person who did the killing and that the killing was intentional and premeditated-- and it was acceptance of that theory that (by accounts of some jurors) led the jury to recommend the death penalty. Evidence (about which I can't comment on its reliability based on my limited knowledge)  has come to light at leastr casting question on the verdict of intentional premeditated murder.

      It's not a matter of exonerating the man. It's a question of whether even a small degree of doubt raised post-conviction  should cause a state to refrain from KILLING.

       Let's face it the whole pizza deal is a mere gesture and nothing in any of the reporting shows any extraordinary contrition or rmorse for the crime he committed which caused the death of another person. his remark about not playing "killing games" was referring only to his own and his refusal to cooperate in any weay. An understandable sentiment but not a noble one in any sense and not one that suggests true change of heart concerning his acts. I can understand how some people see these cases as often involving completely baseless efforts to endow the guilty  defendant with some trait of nobility, as if enduring punishment is in and of itself is a sign of character.

      I don't buy that, but I don't think a human being has to be a noble one for us to refrain from killing him if there is ANY question about even the degree of his guilt sufficient to suggest the PENALTY was imposed based upon flawed information and that a lesser penalty might be justified.

     

    Parent

    I agree (5.00 / 1) (#57)
    by HK on Thu May 10, 2007 at 10:35:11 AM EST
    that a person does not have to be noble for us to refrain from killing them; furthermore, nobility in itself exonerate a person if they have caused harm.  But I do think that the death penalty is never appropriate.

    I find it interesting when people doubt a death row inmate's level of remorse.  These feelings of regret and guilt can run deep and they are not necessarily something a person feels able to express publically, even if their life depends on it.  I know one death row inmate very well and have had contact with several.  It is not that they do not want to give the family of their victims the comfort of knowing they are remorseful, but rather that they do not want to be see as showboating their remorse for the sole purpose of saving their necks; although in my experience, this is seldom the case.  Shyness, fear and a poor command of English can prevent a death row inmate from speaking out.  Maybe in some cases, the remorse is so acute that it is crippling, or the inmate feels that they do not deserve to have it viewed as something in their favour.  Surely remorse is a very personal and private thing and should be between a person and their conscience or their God.  But in any case, did you not follow the link I gave earlier?  In it, Workman says this:

    "For 20 years, I've...I can't begin to tell you how many days and nights I've agonised over what I caused by doing the armed robbery..."

    Now, Decon, you state this:

    nothing in any of the reporting shows any extraordinary contrition or rmorse for the crime he committed which caused the death of another person

    I don't know if you would consider Workman's statement to be extraordinary remorse (I'm wondering how that would be exhibited anyway) but it is certainly remorse and he seems genuine when he speaks the words.

    I have found many of the comments on this thread very interesting and although I personally feel that the death penalty should be abolished, the most important thing is that a dialogue is maintained about such issues and that people do not blindly accept any of what goes on in society (on either side of the law) but rather give all aspects due consideration.  Thank you TChris for posting this thread.

    Parent

    HK (5.00 / 1) (#59)
    by Deconstructionist on Thu May 10, 2007 at 10:57:00 AM EST
    I don't have complete information about the case or Workman. As I said, none of the REPORTS I read indicate much in the way of expressions true remorse or contrition, but that does not mean he has not made them, although the reports I have read can only be categorized as generally sympathetic toward him. I did follow the link you provide but maybe I missed a secondary link because all I saw was a video of the victim's daughter expressing he opposition to his execution. i would consider the quote you provide to be far more indicative of true remorse than what i read elsewhere and I will not doubt his sincerity.

      Your point about the inability to express is a good one, but someone with enough media savvy to have such videos on the internet and to make a charitable gesture to invoke sympathy does not seem to lack in that regard. I believe that, generally, the condemned include  those who are deeply remorseful and those who lack remorse entirely and everything in between.

       Personally, I do think remorse should have some bearing on sentencing generally and not just capital punishment. My ultimate point was that it should not be ncessary to portray anyone as "noble" -- or even not a very bad person-- to refrain from killing him if there are any reasonable questions not just about his guilt or degree therof (For example, I think the distinction between intentional, premeditated murder of a police officer and felony-murder where the death was the result of a crime but not the intended result is an important one as if the question of whether the person is in fact the "factual killer" or merely vicariously liable for the killing)   but about all the factors considered by the jury and judge in deciding to impose the death penalty.

      I oppose the death penalty -- not because of any religious convictions (I'm not religious) or even any deep moral belief the death penalty could never be just punishment in certain cases. I just do not think our system, imperfect as it necessarily must be, is capable of making rational and consistent applications -- even when guilt is not an issue. Add to that the "error rate" in guilt adjudications, which while statisticcally pretty small still results in substantial numbers of wrongful convictions, andi believe we should abolish capital punishment.

    Parent

    Decon (none / 0) (#61)
    by sarcastic unnamed one on Thu May 10, 2007 at 11:59:43 AM EST
    I don't have complete information about the case or Workman.
    Do you have complete enough information to know whether or not
    Evidence (about which I can't comment on its reliability based on my limited knowledge)  has come to light at leastr casting question on the verdict of intentional premeditated murder.
    this add'l evidence has been taken into account?

    I don't know the answer, I've not been able to find any reliable source that:

    1. the witness (Davis) did admit to perjuring himself about the specific act of Workman shooting the cop

    2. that the State & Gov of TN has not reviewed and/or taken into account Davis's admission (the Gov certainly had the power to stop the execution had he felt there were any significant questions.)

    In short, I have found no reliable source to suggest that after 26 years all the significant evidence hasn't been reviewed and taken into account, but I freely admit that I also don't have complete information and would be very open to additional - reliable - sources.

    (As an aside, I would still like to hear naschkatze's answer to my question...)

    Parent

    The reports indicate (none / 0) (#63)
    by Deconstructionist on Thu May 10, 2007 at 12:12:34 PM EST
     that the Federal courts were presented with evidence  of the recantation and the questions raised about the expert testimony and the one expert's problems)  but found the newly discovered evidence insufficient to overturn.

      As for the Governor, because use of the commutation power is a discretionary act of grace, he is not required to formally state what if anything he considered in declining to commute  the sentnce so we nmay never know that.

      I don't think this can be categorized as a case where he was denied opportunity to be heard, but more, perhaps,  one where the  opportunity's value was limited  because because of who did the hearing and under what rules.

    Parent

    OK, this answers most of my questions (none / 0) (#67)
    by sarcastic unnamed one on Thu May 10, 2007 at 12:28:34 PM EST
    The U.S. 6th Circuit Court of Appeal had granted him a rare hearing to weigh evidence that had emerged since his 1982 conviction for killing a Memphis, Tennessee, police officer during an armed robbery of a Wendy's restaurant.

    A witness, an ex-convict named Harold Davis, said under oath that he had lied when he testified at Workman's trial that he saw Workman fire a .45 at Lt. Ronald Oliver.

    Also, fresh ballistics information surfaced that suggested one of the two other officers who answered the restaurant's silent alarm had accidentally shot Oliver.

    In January 2005, a retired Memphis police officer who went to jail for manufacturing phony drivers' certificates swore in an affidavit that the Memphis police covered up details of Oliver's shooting.

    Five original Workman jurors signed affidavits saying they would not convict Workman and send him to death row with the new witness and ballistics information.

    "That eyewitness kind of put the nails in the coffin. We believed that young man who said he saw the whole incident," said juror Wardie Parks, 66, of Memphis. He is haunted by the belief Workman did not get a fair trial.

    "If the state of Tennessee executes Philip Workman, they are committing murder."

    But the 6th Circuit ruled in 2000 that the new information was not enough to grant Workman another trial. Judges since have issued similar rulings.

    I don't know what to say, the claims have been reviewed by the state, they did not find it compelling enough to grant another trial.

    I think we have to ask ourselves whether we feel the judges on the Court of Appeals are

    1. Morons

    2. Bloodthirsty ogres, or

    3. whether they had piles of evidence that we are completely unaware of and made a considered opinion.

    OK, I'm done googling for now...

    Parent
    Bump (none / 0) (#70)
    by sarcastic unnamed one on Thu May 10, 2007 at 12:45:25 PM EST
    Decon, lotsa posts going back and forth, I missed a couple of yours in the flurry, wanted to make sure you saw this one...

    Parent
    Davis (none / 0) (#62)
    by sarcastic unnamed one on Thu May 10, 2007 at 12:09:22 PM EST
    Ok, it does look like davis recanted.
    State Representative Curry Todd says some of the strongest evidence against Workman came from witness Harold Davis.

    Davis said he saw the shooting but he later recanted his testimony.

    Rep. Curry Todd said, "If it hadn't been for Harold Davis calling us, that night, then I doubt we would have convicted Workman, he knew too many things that transpired there regarding the shooting to not have been there.

    However:
    Workman claims Oliver was killed by other officers during the shootout. His lawyers also say that Harold Davis, who testified that he saw Workman shoot the policeman, has since recanted his testimony.

    [Court of appeals Senior Judge Eugene E. Siler Jr] wrote that Workman has not shown that the testimony was materially false. He also cited the rejection of these claims by the Tennessee Court of Criminal Appeals.



    Parent
    This is interesting (none / 0) (#64)
    by sarcastic unnamed one on Thu May 10, 2007 at 12:14:09 PM EST
    A police supervisor testified that none of the officer's weapons had been fired at the Aug. 5, 1981, scene.

    Harold Davis, the only civilian witness to the shooting, testified during trial that he watched Workman shoot the lieutenant.

    He has since recanted, saying he wasn't at the shooting and testified because he feared police.

    He didn't recant by saying he lied about Workman, he recanted by saying he (Davis) wasn't there when the murder happened.

    Parent
    As a general proposition (none / 0) (#65)
    by Deconstructionist on Thu May 10, 2007 at 12:21:42 PM EST
    courts are very skeptical of post-conviction recantations. As a defense, you have the insuble dilemma that your "recanter" is avowing that he gave false testimony and thus bty definition not highly reliable. It's easy logic to say he might as easily be lying now than as at trial; the only thing we know for sure is he has told different stories. If a defense team has further evidence to corroborate the recantation that can obviously strenghten it.

      In addition, Federal Courts are only supposed to overrule state courts on the basis of constitutionl violations and disputes over the credibility of evidence (in the absence of prosecutorial malfeasance) don't often reach that level in the eyes of the courts.

    Parent

    Decon (none / 0) (#75)
    by HK on Thu May 10, 2007 at 01:24:41 PM EST
    Your point about the inability to express is a good one, but someone with enough media savvy to have such videos on the internet and to make a charitable gesture to invoke sympathy does not seem to lack in that regard.

    I think that maybe it is the supporters of Workman who put the video on the net who have the media savvy rather than the man himself.  You must remember that Workman, like many of those on death row, had been incarcerated for more than 2 decades and although he will have had knowledge of the internet, he will almost certainly have had no experience of it or the deeper understanding of how it can be used and to what effect.  And maybe he made a charitable gesture because he wanted to make a charitable gesture and not simply because he wanted to invoke sympathy.  He must have known at that stage that even widespread sympathy was unlikely to do him any good.  And virtue is its own reward, no?

    You and suo should watch the whole video I linked to if you haven't already.  It is eleven minutes long and contains much more than Lt Oliver's daughter expressing her wish for Workman's sentence to be commuted.  See the perjured witness and the person he was with that night state that he couldn't possibly have seen Workman shoot anybody, whether he did it or not.  It is also very enlightening about a largely unseen part of the death penalty process, no matter what your stance is on the subject.

    Incidentally, Decon, I oppose the death penalty on moral grounds although I am not religious, but your opposition on practical grounds is a common one among scholars from what I can gather.  Professor Deborah Denno, who has carried out extensive and well-regarded studies on the subject of lethal injections and whom I was lucky enough to interview, shares your view.

    Parent

    here (none / 0) (#76)
    by Deconstructionist on Thu May 10, 2007 at 01:34:21 PM EST
    link to 6th cir. en banc opinion

      Some quick research reveals this case was quite thorouglylitigated (and it seems ably by the petitioner's counsel) in post-conviction proceedings. PACER shows no fewer than 13 actions filed in federal court related to this case and there were also direct state post-appeal proceedings in Tennessee courts.

      The link is to the en banc opinion of the 6th cir. to which most of the stories refer and seems to be the one which covers the issues we are discussing. note it is difficult to read because .pdf seems to have been doen with a manual scan of a bound copy of the opinion and the facing pages on the screen are not consecutive in the opinion.

     

    Parent

    Thanks for the link, Decon (none / 0) (#78)
    by sarcastic unnamed one on Thu May 10, 2007 at 02:22:28 PM EST
    I didn't have time to wade through the whole thing, but it is clear that there is essentially zero chance that the fatal shot came from anyone except Workman.

    There were 3 cops on the scene. Of those three, two were shot and one of those two, Oliver, was killed - by a bullet.

    The wounded cop's gun was fully loaded, his weapon was not fired, the lethal bullet could not have come from him. The other cop had a shotgun - Oliver was not killed by a shotgun pellet.

    The only source for the bullet that killed Oliver was the one Workman held and expressly admitted to firing at Oliver.

    Workman killed Oliver.

    Parent

    well (none / 0) (#79)
    by Deconstructionist on Thu May 10, 2007 at 04:27:04 PM EST
     Procedurally that was an appeal from a district court ruling that Workman could not reopen his § 2254 action in the district court and have another evidentiary hearing to more fully develop those issues. Note he lost on a tie vote. It takes a majority to reverse the lower court and the vote was 7-7.

       Your points are valid ones and the contrary conclusion ("friendly fire") would appear to require concluding  the cops were not telling the truth. That does of course happen.

      I think it is worth also mentioning however that it was apparently undisputed that Workman shot and wounded another cop earlier in the shootout so his lack of intent claim is thus at least somewhat weakened. It also appears that HIS OWN story varied over the years.

      I'll grant you that if you are not opposed to the death penalty this case might not be one a great one to cite as an obvious injustice.

       

    Parent

    I must admit (none / 0) (#80)
    by sarcastic unnamed one on Thu May 10, 2007 at 04:59:37 PM EST
    the "lying cop," "lying witness" and "lying prosecutor" issues do give me some pause.

    However, with every DP case TL puts up here, it becomes increasingly obvious that for a DP conviction to occur and for it to be upheld through the dozens of years of appeals, it must be a pretty damn strong case and is probably not - in fact, never has been, here on TL - a great one to cite as an obvious injustice from a legal perspective.

    Parent

    Huh?? (none / 0) (#49)
    by jimakaPPJ on Wed May 09, 2007 at 07:30:39 PM EST
    And none of this came to light in 26 years??

    Parent
    Thanks for the heads up, naschkatze (none / 0) (#53)
    by Edger on Thu May 10, 2007 at 07:30:49 AM EST
    Philip Workman Executed in Spite of Serious Doubt:
    Workman was convicted of the 1981 shooting of Lt. Oliver during a robbery of a Wendy's restaurant.

    While Workman has never denied the robbery, evidence brought to light after his initial conviction strongly indicates he did not fire the shot which killed Lt. Oliver.

    According to an opinion by Tennessee Supreme Court Justice Drowota, if Workman did not fire the shot which killed Lt. Oliver, than he was not guilty of capital murder."

    • Only one witness, Harold Davis, claimed to have actually seen Workman shoot Lt. Oliver.
    • But since the initial trial, Davis, who had a history of calling in false tips to police in the hopes of a reward, has confessed that he perjured himself and actually was not present at the crime scene.
    • He has passed a polygraph examination verifying this testimony.
    • Worse yet, the only expert forensics testimony on the record, that of Dr. Cecil Wecht, concludes that "to a degree of medical certainty" the bullet that killed Ronald Oliver could not have come from Workman's gun, a .45 caliber pistol.
    There is also a photo of Workman on the Tennessee Guerrilla Women site that naschkatze mentioned, where death penalty supporters can look him in the eye.

    In (none / 0) (#60)
    by jondee on Thu May 10, 2007 at 11:34:04 AM EST
    the black and white cowboy and indian movie perpetually running through some peoples minds, the good guys are eternally good and the bad guys eternally bad; a condemned prisoner donating his last meal is conducive to too much cognitive dissonance. The mad man must be stopped; what would "the thousands of victims" say (not to presume their thoughts; it's just a figure of speech).

    Plus, it's against the law.

    "He didnt recant by saying he lied about (none / 0) (#66)
    by jondee on Thu May 10, 2007 at 12:25:02 PM EST
    Workman.."

    And the relevant point is..? If he testified that he saw Workman shoot the officer and then recanted by saying he wasnt even there, then he lied about Workman. Or, am I missing something?

    there is a qualitative difference (none / 0) (#68)
    by Deconstructionist on Thu May 10, 2007 at 12:31:25 PM EST

    Trial testimony: I was there and I saw the defendant shhot the cop.

    Recantation 1: I was there and I saw that the defendant DID NOT shoot the cop; or

    Recantation 2: I wasn't there and i didn't see anything.

     If the recantation is believed:

     #1  is directly exculpatory evidence.

     #2 Merely eliminates inculaptory eidence.

    "Merely"? (none / 0) (#69)
    by jondee on Thu May 10, 2007 at 12:39:55 PM EST
    Tell it to Workman (figure of speech, sorry).

    Yes "merely" (1.00 / 2) (#71)
    by Deconstructionist on Thu May 10, 2007 at 12:56:57 PM EST
      i don't know if you are having personal problems or what but you are going off the deep end lately.

     I MERELY pointed out that an inarguable qualitiative difference exists. you are free to still think that despite its lesser value that recantation #@ is very important (as do I)

     Your MERELY  being a schmuck adds little.

    Parent

    Your being a schmuck (none / 0) (#72)
    by Edger on Thu May 10, 2007 at 01:13:01 PM EST
    continually adds even less.

    Parent
    And your projection (none / 0) (#73)
    by Edger on Thu May 10, 2007 at 01:16:05 PM EST
    far less.

    Parent
    You're (none / 0) (#77)
    by jondee on Thu May 10, 2007 at 01:34:21 PM EST
    so evenhanded TL.