Orlando Hall v. United States. Photo Courtesy of Sarah Mazzochi, Human Rights Brief (Oct. 29, 2010).
Participants: Private counsel for petitioner, the United States Government
Countries: United States
Petitioners: Orlando Hall
Topics: Racism in death penalty in the United States and ineffective assistance of counsel
Update:
Case 12.719, Orlando Cordia Hall, United States
On October 29, 2010, the Inter-American Commission on Human Rights (“Commission”) heard a case brought on behalf of Orlando Cordia Hall, an African American man sentenced to die by lethal injection by an all-white jury in Texas. The petition requests the Commission to rule on issues involving racial bias, discrimination, and the right to a fair trial in death penalty proceedings in the United States. This hearing follows a July 2008 request for precautionary measures that was granted in favor of Mr. Hall on the grounds that his execution was immanent and that the use of lethal injection as a mode of execution inflicts extreme pain and suffering. The Commission here, however, was not asked to decide the issues involving lethal injection.
The petitioners in this case were Owen Bonheimer of the law firm Steptoe & Johnson, LLP, Marcia Widder of the Capital Appeals Project, and Professor Rob Owen of the University of Texas School of Law. Expert testimony was provided by Professor Michael Tigar, Professor Emeritus at American University Washington College of Law. The United States was represented by members of the United States Permanent Mission to the Organization of American States, the Capital Crimes Unit of the Department of Justice, and the State Department Office of the Legal Advisor. The Commissioners present to hear the case were Vice-Chair Felipe González Morales, Paulo Sérgio Pinheiro, María Silvia Guillén, and Rodrigo Escobar Gil.
Mr. Hall was tried and convicted in the United States District Court for the Northern District of Texas in 1996 for the abduction, rape, and murder of Lisa Rene. Mr. Hall confessed to kidnapping Lisa Rene, holding her captive and raping her over several days, and finally driving her across state lines where he subsequently threw gasoline on her, beat her, and buried her alive in a shallow grave.
Nevertheless, the petitioners contended there were deep flaws during Mr. Hall’s trial and subsequent sentencing. They discussed racially discriminatory tactics used by the prosecutor in the case to obtain an all-white jury, strong statistical evidence showing the death penalty was sought far more frequently against African American defendants than their white counterparts, and evidence suggesting Texas may have been an inappropriate venue for this particular case. The petitioners also alleged ineffective assistance of counsel during the sentencing stage of the trial for failure to show all mitigating evidence, including the existence of Mr. Hall’s psychoneurological disorders. The State, had thus violated Mr. Hall’s rights under Articles I (right to life, liberty and personal security), II (right to equality before the law), XVIII (right to a fair trial), XXV (right to protection from arbitrary detention), and XXVI (right to due process of law) of the American Declaration of the Rights and Duties of Man (American Declaration).
The petitioners requested that the Commission conduct further study on racial disparities in capital punishment and that the Commission recognize special protection in the sentencing phase of a trial when race could be a factor. Professor Tigar testified on the applicability of the American Declaration as well as to the ineffective assistance of counsel during the sentencing phase of Mr. Hall’s trial.
The State Department Office of the Legal Advisor, as well as the other respondents, argued that petitioners failed to establish a violation of Article 1 of the American Declaration and therefore the case should be dismissed. They also strongly objected to the idea race was a factor in the jury’s decision to impose the death penalty; rather, they argued, it was the heinousness of Mr. Hall’s crimes that led to the imposition of capital punishment. Lastly, the respondents contended that, while defense counsel may not have been considered experts in their field, they nevertheless adequately performed their legal duties in representing Mr. Hall.
Commissioners Escobar Gil and González asked questions pertaining to certain procedural protections in impaneling juries as well as whether defense counsel standards were higher in death penalty cases. Commissioner Guillén requested more information on the official statistics on race in capital cases.
The Commission has heard several high-profile cases involving the United States and its continued use of the death penalty over the past few years. The United States, unlike a growing majority of states across the world, has retained the death penalty despite international pressure calling for its abolition. Apparent racial bias in the use of capital punishment in the United States, however, is a fairly novel issue before the Commission. Thus, a decision rendered by the Commission has the potential to call attention to a continuing problem and question the death penalty’s legitimacy in the United States.
I viewed this case on FBI files, last year Oct 2010 and again recently. I am still disturbed by this.
This man and his accompliances, should have been executed already. What mercy did they show to this poor young girl, Lisa Rene,who had nothing to do with what her brothers did regarding this drug deal. I shudder to think about the pain and suffering this poor girl went through, being raped multiple times. They probably have raped vaginally as well as anal. They did not even consider she had nothing at to with this drug deal, but they still raped her, taking turns. They treated her like she was not a human being, with no regard for her feelings. I can’t believe these men are still alive. Had Lisa lived she would be about 33-34 years. She could have gotten married had a family of her own, who knows. But she has been denied a life, by them. So they all should die. I do believe her brothers should have served time also, but for the fact of their actions, Lisa Rene would not have been raped and murdered. The brothers delayed giving important information, that would have assisted the police. They were only thinking of themselves. A point that the sister of Lisa Rene failed to mention on the FBI files program I saw. I will always view the web, for updates on this case. As I am still very deeply disturbed by it. I see Mr Bruce Webster is trying to claim he is mentally retarded. Well mentally retarded people do not forcibly take a young girl, who is practically still a child from her home. Take turns in raping her multiple times, beat her over the head wirh a shovel, douse her with gasoline, strip her and bury her alive. I am totaly disgusted. Fry these men already.
Mr Hall heard a case brought on behalf of Orlando Cordia Hall, an African American man sentenced to die by lethal injection by an all-white jury in Texas. The petition requests the Commission to rule on issues involving racial bias, discrimination, and the right to a fair trial in death penalty proceedings in the United States. This hearing follows a July 2008 request for precautionary measures that was granted in favor of Mr. Hall on the grounds that his execution was immanent and that the use of lethal injection as a mode of execution inflicts extreme pain and suffering.
Did Mr Hall consider the pain and suffering Lisa Rene went through ??????????????????. Now he wants to claim he has psychoneurological disorders and voliation of his rights. What about Lisa Rene’s rights, not to be voliated in the way she was.
including the existence of Mr. Hall’s psychoneurological disorders. The State, had thus violated Mr. Hall’s rights under Articles I (right to life, liberty and personal security), II (right to equality before the law), XVIII (right to a fair trial), XXV (right to protection from arbitrary detention), and XXVI (right to due process of law) of the American Declaration of the Rights and Duties of Man (American Declaration).
Miss Miller. London, England
Dear Miss Miller,
Thank you for your comment and for taking the time to read this article. Your feelings of disgust and anger are well placed. What Mr. Hall and his accomplices did to Lisa Rene was truly vile and reprehensible. I shudder to think of how I would feel if one of my cousins, my wife, or–if I were to have one–my daughter suffered a similar fate at the hands of someone like Mr. Hall. However, I challenge you to think about more than your anger and disgust toward the perpetrators of such crimes. Would we not debase ourselves to their level if we reacted only emotionally–wishing them dead as quickly as possible? Wasn’t it their lack of control and thought that led them to commit terrible crimes like the rape and murder of Lisa Rene? Then let us be measured in our treatment of those who have lost their way and consider that they are more than the worst thing that they have done. Mr. Hall was a boy once, who watched his father abuse his mother and his siblings. He received little love growing up and experienced few of the benefits of the society that now seeks to end his life. His world was a violent one where the people with money and power carried guns and dealt drugs. With few, if any, decent role models to guide his growth, it should come as little surprise that his life led him where it did. Does that mean we should execute him with no regard to due process and fundamental human rights? I detest his crime and I hate the man who committed it. But what makes us good people and our society great is our ability to act with control and thought despite our emotions and afford him the rights that he denied an innocent Lisa Rene.
Best,
Evan