There are too many people on
death row right now with questionable convictions. I personally think
the death penalty should be abolished but until that happens, no one should
ever be executed if there is even a slight chance they didn’t commit the crime
for which they are accused. Kirk Bloodsworth, the first person to be
exonerated from death row due to DNA evidence, once said, “We cannot un-execute
someone.” Truer words have never been spoken.
This crime is heinous
and upsetting. In July 1986, someone broke into 82-year-old John McGrath’s
East Cleveland residence. They beat him, tied him up, then set him on
fire, and left him to die. Mr. McGrath clung to life for eight days and
during that time, he described his attacker to police
as a black male with a very light complexion. He said the
suspect was about 6 feet tall, medium build, and had long,
straight hair. He also stated he recognized the perpetrator
since they went to the same barbershop.
Right now, Gregory Lott is
sitting on Ohio’s death row for this crime although he is claiming his
innocence. Lott is approximately 5’10”, with a stocky build and has
always had short hair. He has medium to dark brown skin; not at all
light-skinned as described by McGrath. While cross-racial identification can be
difficult, in this case, McGrath lived around African Americans for many
years, and would presumably be able to determine the difference between
light-skinned or dark, and long hair and short.
When McGrath was
shown a sketch of a Lott, he told police Lott was not the
perpetrator of this crime. The district attorney’s office went so far
as to suggest to McGrath that the suspect may have worn skin
lightening make-up or bleaching cream, and that Lott could have been wearing a
doo-rag, which he mistook for long hair. Did Gregory Lott kill John
McGrath? I don’t know – but the victim didn’t think so. He definitely described
someone else before he died.
Lott was an admitted neighborhood
burglar that had broken into McGrath’s house at least two other times, leaving
his fingerprints everywhere. He broke into other houses in the
neighborhood too – he was no saint, but was he a murderer? Not according
to this victim. Truthfully, we may never know if he committed this crime
but what if he didn’t? I would rest a bit easier each night knowing a person is
in prison rather than a grave on the day his exoneration evidence is brought
forth.
Police didn’t consider Mr.
McGrath to be a reliable witness, nor did they bother to visit the
barbershop where he told them the suspect frequented. The description that
the victim gave wasn’t turned over to the defense, and even when his
lawyers did see those documents in 1991, they didn’t present
that evidence to an appeals court. Lott had also allegedly
confessed to police that he burglarized the McGrath home
the day of the crime but no statement was signed; no Miranda
warnings were given; and the only evidence of his
confession was the word of the officer who heard it.
The Prosecutor in this case
had previously been reprimanded numerous times by the courts for
improper behavior, and was even accused by a panel-judge in this case for
“legal gymnastics.” He continually offered theories that couldn’t be
proven but were damaging to Lott’s case. The three-judge
panel ultimately found Lott guilty and sentenced him to death.
Lott’s first execution date
was set in 2002, but the courts wanted further testing to determine if he
was intellectually disabled. Experts determined his IQ was a few
points over the criteria so they signed a new death warrant for 2004. That date
was stayed because of the victim’s testimony evidence being withheld, but another
date was set for 2014. Because Ohio’s execution protocol has been called into
question, Lott had two different postponements in 2014 with a new date set
for this August 2019.
However, in March of this
year, Ohio Governor Michael DeWine once again rescheduled Lott’s
execution - this time for March 12, 2020. This last postponement is because the
state is searching for new methods of lethal injection. DeWine has imposed an
unofficial moratorium on executions because of problems with their drugs and
the potential they could cause cruel and unusual punishment.
This scheduling and
rescheduling of death-dates has got to be agonizing for the victim’s family, as
well as supporters of Lott’s. A solution would be to commute his sentence to
life. If his innocence can be proven after that, at least he’ll be alive to
walk out the door. If he is guilty, then he will be spending his life
incarcerated and punished.
Why is this country so
determined to kill our citizens as punishment? It’s not less expensive than
life in prison. It’s inhumane treatment of our own people. And believe it
or not, it can leave the victim’s family with less satisfaction since the
perpetrator is not suffering in prison.
As a wise man that spent
time on death row once said,
“You can’t un-execute someone.”
Amnesty
International Home. (2002, August 7). Retrieved from https://www.amnesty.org/download/Documents/AMR511282002ENGLISH.pdf
Execution
of Ohio Inmate Gregory Lott Rescheduled. (2019, June 4). Retrieved from
https://www.theforgivenessfoundation.org/index.php/40-news/general/2867-execution-of-ohio-inmate-gregory-lott-rescheduled-for-april-20-2016
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