Peaceful protests, letter writing, telephone campaigns, and voting are ways that the anti-death penalty movement has battled those that want the killing machine to continue. These are all very important and have very strong support within the ranks.

But there is another way to fight what we know is an unjust system. Jury nullification!! I do not oppose becoming radical, because it's something that must be done. Even with all the talk of a national moratorium on executions we need to step up our efforts. That's why I want each of you to spread the word that, you will no longer admit your stance when called for jury duty. Why should you admit it? Only pro-death penalty juries are accepted for capital murder trials, while you are sent home feeling proud that you spoke up, they are voting to convict and kill. What does that accomplish? Not a single thing, not a damn thing.

If one person was on every jury and held out on the guilty verdict, it would throw a blow to the system. If this were to happen, the state would have to plea bargain our cases or stop seeking death altogether. Our mission would finally be achieved, but you'd have to stick with the plan. A moratorium is viewed by death supporters as a way to clean up the flaws and restore public support. How are you to save the man and women that have not reach death row yet? The public, the courts, and the politicians don't care.

Nullification is the answer to our prayers. How many of you have been stricken off juries for opposing the death penalty? I know there were more than a hand full on my original jury panel alone. If you have a problem with lying, put it aside. You are trying to save another persons life! When asked why you are not voting guilty, say the evidence does not satisfy you or say something is fishy. Just never admit the truth or you could be charged with perjury. When you walk out of those court rooms you are turning away our best option. Because public opinion is not going to change over night, and we stand to lose thousands waiting for the tide to turn. Do you realize how stubborn Americans are?

The other day I was discussing this with another death row inmate and he surprised me by disagreeing. I had a loss for words upon hearing this. How can a man on death row not support a method that could have spared his life? His reasoning was based on fairness, that's right, he wants a 100% fair process. His view helped me to realize that many of you will not go along with my idea based on what is a misunderstanding of fairness.

Life has shown me that fairness rarely exist on this beautiful planet especially, in the area of law. No matter where you look things are uneven, and that's because human beings are making decisions. The police, judges and juries can all screw you based on their personal opinion about whether you are guilty or not. The D.A. has the most power. It is totally up to them to decide if you are tried for capital murder or murder. Although they claim it's the grand jury, once the grand jury indicts for capital murder based on the case presented by the D. A., the charge can still be broken down by the D.A... And many times that happens, but it did not happen for those on death row across the nation. One of the main reasons it didn't happen is politics.

When the public wants blood the D.A.'s and judges will throw fairness to the wind to keep the heat off their backs. Many lives have been ended over the pursuit of a political office. I'm sure you've witnessed the spectacle of a "talking suit" in front of tho camera calling for the death of a defendant or being proud that he sent another to death row. Is it fair that the defendant's case came at the right / wrong time, near an election year?

Is it fair that many small counties have drained their budgets on a capital trial to send someone to death row when their schools are lacking basic supplies? Is it fair that nearly every school is under funded ? Of course not!

Life issues out breaks due to our race, gender, sexual preference, religion, economic levels, nations where you were born, education, wisdom of your family and so on. Fairness is really something that has never existed. Please do not allow your high moral standards to stand in the way of what can be a very effective tool.

It's time to let the states know how serious we are. Spread the word to every one that shares your view on capital abolition. Teach this tactic everywhere, from the churches to the living room. Think of how proud you'11 feel after a week or two of sitting on a jury that is hung "you, will have made another conviction so difficult. Once we are convicted and sentenced to death we are like lambs waiting for the butcher. States are gearing up to break records on executions like another sporting event. This must be stopped! And you are our best option, speak loudly against the death penalty until you are called for jury duty. That's when it's time to fight them silently, but so effectively.

Gary Davis Hart II, Z-519
Holman 3700, 7-D-11
Atmore, AL 36503
USA

Something to think about

Words from death row......

For a full list of articles written by Juveniles on Alabama's Death Row, go to the complete list of titles at Stories.