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<h1><b>AMNESTY
INTERNATIONAL</b></h1><font size=3>
<a href="http://freegarytyler.com/writings/amnesty-02-2007.html" eudora="autourl">
http://freegarytyler.com/writings/amnesty-02-2007.html<br><br>
</a>Public Statement<br><br>
AI Index: AMR 51/026/2007 (Public)<br>
News Service No: 029 <br>
12 February 2007<br><br>
USA: Serious miscarriage of justice in Louisiana must be
rectified<br><br>
Amnesty International is renewing its call to the Louisiana authorities
for a pardon to be granted to Gary Tyler, a 49 year-old African-American
man who has been in prison in Louisiana since the age of 17, and whose
1975 trial was infected with racial prejudice.<br><br>
Tyler was convicted in 1975 of the murder of Timothy Weber, a white 13
year-old schoolboy who was shot outside Destrehan High School, St Charles
Parish, during racial disturbances. Tyler had been one of many black
students on a bus carrying black students back to their homes which was
being attacked by white people throwing stones and bottles, and from
which the shot had allegedly come. Following the shooting, all male
students on the bus were searched immediately, and the bus was searched
twice. No gun was found. The bus was then taken with the students to the
police station, where following questioning, one female student said she
had been sitting next to Tyler and had seen him fire a gun into the
crowd. Following this testimony, police then found a .45 automatic gun
stuffed inside a seat, through a long, visible tear in the seat. The same
seat had previously been searched, shaken and turned upside down several
times, and nothing had been found. Gary Tyler was detained in the police
station where there is strong evidence that he was savagely beaten. He
did not make any statement implicating himself in any way.<br><br>
At the time of the incident, racial tensions in the area were running
high as whites attempted to resist racial integration. There were
frequent clashes in which the Klu Klux Klan played a leading role. Gary
Tyler was tried by an all white jury from which members of the black
community had been deliberately excluded. He received seriously deficient
legal representation at his trial from a white lawyer who specialized in
civil cases and who spent only one hour with Tyler during the whole year
previous to his trial. Furthermore, he did not interview witnesses,
present any expert witnesses or conduct tests on physical evidence
offered by the state, and failed to object to gross errors committed by
the trial judge, later found in the appeal court to have made Tylers
trial fundamentally unfair. Since the trial, evidence has come to light
indicating that Tyler did not shoot the victim, including witnesses who
testified against Tyler at trial and later recanted, saying that they
were coerced by the police to make statements against him, and
questionable forensic evidence which did not clearly and definitely
implicate Tyler in the murder.<br><br>
Originally sentenced to death, Tylers death sentence was overturned in
1977 following a ruling by the US Supreme Court in 1976 which declared
the states death penalty unconstitutional, and his sentence was commuted
to life imprisonment without parole, probation, or suspension of sentence
for 20 years.<br><br>
In two decisions a federal appeals court ruled that Tyler had been
convicted on the basis of unconstitutional charge which had infected the
trial to the point of rendering it fundamentally unfair. In its first
decision, the court vacated Tylers conviction and ordered a retrial.
However, following an appeal by the state, the court reversed its
previous decision ordering a new trial, although it did not dispute its
finding of unconstitutionality, and reiterated its view that the trial
had been fundamentally unfair. On at least three separate occasions the
Louisiana Board of Pardons recommended to two state governors that Gary
Tylers sentence should be reduced, on one occasion, making him
immediately eligible for parole, but these recommendations were
rejected.<br><br>
If Louisianas death penalty had not been found unconstitutional, it is
very likely that Gary Tyler would have been executed before now. Amnesty
International is calling on Governor Blanco to rectify this shocking
injustice by granting a pardon to Gary Tyler with immediate effect and by
ordering a full, independent investigation into his case so that anyone
found to have been involved in any cover-up or abuse is brought to
justice.<br><br>
For more information on Gary Tylers case and full details of Amnesty
Internationals concerns, see: USA: The Case of Gary Tyler,
AMR51/89/94.<br><br>
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(415) 863-9977<br>
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