With 726 inmates sentenced to die, California has the largest death row in America. The state has executed just thirteen death row inmates since capital punishment was reinstated in 1977, and none since 2006. The path from conviction to lethal injection for those who were executed has taken as long as twenty-five years.
In May, the National Registry released a report describing the first 873 exonerations it identified – including seventy-nine state exonerations and one federal exoneration in California. The Report emphasized that the 873 were only a beginning—that the true number of exonerations still is unknown because there is no formal system for recording such cases as they occur.
Since then, the number of exonerations on the National Registry has grown to 996 and will soon top 1,000, according to Samuel Gross, Law Professor at the University of Michigan and editor of the Registry.
From “Death, Despair and Destruction: A Few Long Reads” by Sam Wooley/The Chicago Reader, May 16, 2012
On Monday night, the Columbia University Human Rights Review released its spring issue, which is dedicated entirely to a single legal case: the 1989 execution of Carlos DeLuna, which the Review claims was in error, for murdering a woman during a robbery in Corpus Christi in 1983. The entire report is online at thewrongcarlos.net. On the Atlantic website, Andrew Cohen provides a passionate distillation, beginning and ending with a mention of Supreme Court justice Antonin Scalia, who’s claimed that the history of capital punishment has been error-free. “If [a wrongful execution] had occurred in recent years, we would not have to hunt for it,” Scalia wrote in 2006. “[T]he innocent’s name would be shouted from the rooftops by the abolition lobby.”
No physical evidence and only one “sketchy” eyewitness tied DeLuna to the crime, Cohen notes, and it was “common knowledge” around Corpus Christi that another man, Carlos Hernandez, had committed the crime—it’s said that he “couldn’t stop bragging” about it. The Chicago Tribune has already investigated the DeLuna case. In 2006 reporters Steve Mills and Maurice Possley wrote that they “identified five people who say Hernandez told them that he stabbed Lopez and that De Luna, whom he called his ‘stupid tocayo,’ or namesake, went to Death Row in his place.”