July 22nd 2024.
Keith Edmund Gavin was put to death by the State of Alabama on July 18th, after being convicted by a jury of his peers for fatally shooting a delivery driver, William Clayton Jr., during a robbery attempt back in 1998. However, there were lingering questions surrounding Gavin's trial, particularly in regards to his legal representation. Despite his efforts to appeal to the U.S. Supreme Court in a handwritten letter, Gavin's execution was still carried out without any comment from the Court, just an hour before his scheduled time of 6 PM CST.
The Equal Justice Initiative brought to light that in 2020, a federal court had ruled that Gavin's court-appointed lawyers were ineffective, therefore violating his right to proper legal counsel. This ruling had granted him the opportunity for a new sentencing trial under the Constitution. However, upon appeal, this decision was ultimately overturned. As the EJI stated, "The Constitution guarantees effective assistance of counsel, which means that defense lawyers representing a person facing the death penalty are expected to investigate and present evidence demonstrating why the jury should reject the death penalty and impose a life sentence."
According to the Associated Press, Gavin's conviction in 1998 was based on a 10-2 vote, which would not have been enough to warrant execution in most states (except for Florida and Alabama). U.S. District Judge Karon O. Bowdre stated that Gavin's lawyers had failed to present crucial evidence of his traumatic and abusive childhood, which could have swayed the jury to sentence him to life in prison instead of death. In response, activists delivered a petition to Alabama Gov. Kay Ivey, urging her to grant clemency to Gavin. They argued that his trial may not have been fair and that Alabama's stance on executions was concerning, especially in the current climate of declining executions in most states.
The petition went on to highlight the fact that in 2020, a federal judge had deemed Gavin's legal representation during sentencing as constitutionally inadequate. However, the Court of Appeals had reversed this decision in 2022. This goes against international legal standards that require proper legal assistance at all stages for those facing the death penalty. The petition also addressed Alabama's high rates of death sentencing and executions, which they attribute to the state's insufficient compensation for capital offense attorneys and lack of a statewide public defender system.
In addition to his legal battles, Gavin, a 64-year-old Muslim, had also sued the Alabama Department of Corrections to prevent them from conducting an autopsy on his body after his execution, citing religious reasons. The DOC ultimately agreed to his request, and Gavin withdrew the suit. Despite this, Alabama, who currently leads the country in executions in 2024, is set to add another execution to its tally in September with Alan Eugene Miller.
It is worth noting that Gavin's execution comes at a time when most states are seeing a decline in executions due to the ongoing pandemic. However, Alabama seems to be going against this trend, further raising concerns about their handling of capital punishment cases.
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