The Antiterrorism and Effective Death Penalty Act of 1996 signed by President Clinton, (called the AEDP had , and is having a tremendous impact of habeas corpus in federal courts.  It is a series of laws in the United States to “deter terrorism” Habeas Corpus is a right every United States Citizen that has been convicted of a crime to file for a higher Federal or State court to review their cases. The AEDPA ACT  places a strict one year time limit for a Death Row inmate to file their habeas corpus petition. This is normally filed during a post-conviction. In Alabama Death Row Inmates are not guaranteed the right to an attorney during this post-conviction phase.(THE ONLY State that does not provide an attorney) Unless they can find a “voluntary Attorney” that is will to work for $1000.00 on a capital case. In some cases the State Attorney Generals and other politicians are using this AEDPA to expedite the Death Row Inmates execution.  The law prohibits these Death Row Inmates from presenting new evidence if they don’t file within the one year time limit.

Death Row Inmate Thomas Arthur never received his first Habeas Corpus review and has never received a State or Federal review of his case.  He is scheduled to be executed in Alabama 09-27-2007. In his case there is actually crime scene evidence that was collected including an untested rape kit, bloody clothes, hairs, fibers and  much more. The evidence that was tested , finger prints, hair did not match Thomas Arthur. Witnesses even saw him 75 miles away when the murder was committed. His recent motion to the Middle District of Alabama to obtain the crime scene evidence was denied, and the Judge’s opinion was The Crime scene evidence could not could not help him prove his innocence!!! You can find all the legal documents on his site

WWW.ThomasArthurFightForLife.com and see the facts surrounding this case. Troy Anthony Davis ( HTTP://www.troyanthonydavis.org/ )is also in this same situation. But in Arthur’s case, access to the crime scene evidence is being denied due to this AEDPA law. As it is now a United States Citizen has a time limit on proving their innocence, but there is no statue of limitations on conviction for murder.  In Alabama several Death Row inmates, especially the indigent ones have already been killed because they were not allowed to have access to evidence that could prove their innocence, because they had no lawyer. Thomas Arthur will be the first person executed without a review of A State or Federal Court. Why would a State be wiling to kill a man and not willing to test the evidence to make sure they are guilty.  Do they know he is innocent? Governor Bob Riley can stay Thomas Arthur’s execution until the crime scene evidence can be tested.  Please write him!!! http://www.governor.state.al.us/contact.htm

In many States this AEDPA act is being used and evidence that prove a person’s innocence is being denied.  We are killing innocent people!! Laws need to be put in place to have mandatory DNA evidence testing, the right to a competent attorney at all times, and the AEDPA law must be amended so there is no time limit on proving your innocence and be amended to ensure a Death Row Inmate can have access to their evidence without a time limit.

Sullivan & Cromwell Law Firm, Attorneys Suhana Han and Jordon Razza who represent Thomas Arthur are working with the Innocence Project to try and convince Governor Rile to stay this execution until crime scene evidence can be tested.  Barry Scheck runs the innocence project, and the innocence project has placed heavy emphasis on how important the DNA testing is. They have freed over 205 people by DNA testing.  Where do you draw the line, are these executions or murder?  This is happening all over the United States. Thomas Arthur has sat on Death Row for 20 years and will die if you do not ask Alabama Governor Riley for a stay until the crime scene evidence can be tested!!!   http://www.govrnor.state.al.us/contact.htm

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