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Dear Gary Tyler supporter,<br><br>
Below is an action alert recently issued by Amnesty International.
Please<br>
distribute this widely.<br><br>
The Free Gary Tyler Committee<br><br>
----------------------<br>
Gary Tyler, a 49-year-old African American, has spent more than 33 years
in<br>
prison in Louisiana after being convicted of murder in the shooting of
a<br>
white schoolboy during a racially charged incident in 1974. Aged 16 at
the<br>
time, Gary Tyler has consistently maintained his innocence of the
murder<br>
and federal reviewing courts have declared his trial fundamentally
unfair.<br>
Earlier this year, a petition was filed with the Louisiana Pardon
Board<br>
requesting that Gary Tyler's life sentence be commuted to a defined
number<br>
of years so that the outgoing state governor can authorize his
release<br>
before she leaves office in January 2008. This may be Gary Tyler's
last<br>
chance for justice through executive clemency.<br><br>
Gary Tyler was convicted in 1975 of the murder of Timothy Weber, a
white<br>
13-year-old schoolboy who was shot outside Destrehan High School, St<br>
Charles Parish, Louisiana, in October 1974. The shot had allegedly
come<br>
from a bus carrying black students which was under attack by white
people<br>
throwing stones and bottles. The attack on the bus took place during
a<br>
period of intense opposition by the white community to racial
integration<br>
and the bussing of black students to the formerly all-white high
school,<br>
situated in a predominantly white neighbourhood. Gary Tyler was
charged<br>
with the shooting based primarily on the testimony of one student and
the<br>
alleged murder weapon which police found in the seat where he had
been<br>
sitting; having failed to find the weapon during an earlier
search.<br><br>
Although he was only 16 at the time, Gary Tyler was tried as an adult in
a<br>
trial which was seriously flawed. Despite heightened racial tension in
the<br>
area, there was no change of trial venue and he was tried by an
all-white<br>
jury from which members of the black community had been excluded.
His<br>
defence attorney, who specialised in civil, rather than criminal,
cases<br>
failed to prepare for trial and did not interview witnesses or
conduct<br>
tests on the physical evidence offered by the state. He spent a total
of<br>
about one hour with Gary Tyler in the whole year prior to the trial.
The<br>
judge instructed the jury wrongly that Tyler had to prove himself
innocent<br>
of an essential element of the case. Gary Tyler was convicted of<br>
first-degree murder and was originally sentenced to death; his sentence
was<br>
later commuted to life imprisonment when the state's death penalty
statute<br>
was ruled unconstitutional.<br><br>
Since his trial, further investigation has cast doubt on the reliability
of<br>
the physical evidence in the case and the key prosecution witnesses
have<br>
recanted their testimony. In two decisions, federal review courts
have<br>
ruled that Gary Tyler's trial was fundamentally unfair and that he
was<br>
denied the presumption of innocence, but refused to give him a new
trial<br>
because his trial lawyer had not objected to this error at the time.
Three<br>
previous pardon boards have recognized the unfairness of Gary
Tyler's<br>
conviction and recommended a commutation of sentence, but no governor
has<br>
yet taken action.<br><br>
Gary Tyler served the first nine years of his sentence in 23-hour a
day<br>
lock-down in solitary confinement. However, since being transferred to
the<br>
prison's general population, he has been able to turn his life around.
He<br>
obtained his general educational certificate (GED) and trained in<br>
construction. He has been active for more than 20 years in the
Angola<br>
prison drama club where he has written and performed in plays for
children.<br>
He also works as a volunteer in the Angola prison hospice. He worked
for<br>
over a year as part of a small team of volunteer prisoners assisting in
the<br>
clean-up of New Orleans following Hurricane Katrina in 2005.<br><br>
Despite his youth at the time of trial, and his exemplary record in
prison,<br>
Gary Tyler has served more than three times as much as the national
US<br>
average for a person convicted of murder or non-negligent manslaughter.
As<br>
a life sentenced prisoner Gary Tyler cannot be granted release on
parole<br>
unless his sentence is first commuted to a term of years by the
Pardon<br>
Board and the Board's recommendation is accepted by the Governor.
High<br>
ranking staff at Angola have reportedly endorsed his latest application
for<br>
a pardon on the ground that he has matured into a responsible
citizen<br>
deserving of release. However, to date his name has not yet appeared on
the<br>
parole board's docket for a hearing, and it is feared that, without
further<br>
pressure, he may miss the chance to be heard before the governor
leaves<br>
office.<br><br>
RECOMMENDED ACTION: Please send appeals to arrive as quickly as
possible,<br>
in English or your own language:<br>
- expressing concern about the case of Gary Tyler, who is serving a
life<br>
sentence in Angola prison, Louisiana;<br>
- expressing deep regret for the murder of Timothy Weber and sympathy
for<br>
his family, while noting the very serious concerns that have been
raised<br>
about the fairness of Gary Tyler's trial and the evidence on which he
was<br>
convicted;<br>
- urging the Governor of Louisiana to ensure that Gary Tyler is granted
a<br>
hearing before the Pardon Board in December; and that she grant him
a<br>
pardon authorising his release;<br>
- pointing out that, even without concerns about the fairness of his
trial,<br>
there are strong grounds for executive clemency based on Gary
Tyler's<br>
efforts to improve himself in prison and the supportive work he has
done<br>
both in the community and in prison;<br>
- note that on at least three separate occasions the Louisiana
pardons<br>
board has recommended to two state governors that Gary Tyler's
sentence<br>
should be reduced;<br>
- stating that he has served longer than many prisoners sentenced to<br>
similar terms, despite his young age at the time of his conviction;
and<br>
that his age and length of time served should be taken into account
as<br>
further grounds for clemency in this case;<br>
- stating that you believe there are compelling grounds for the Governor
to<br>
take this step in the interests of justice.<br><br>
APPEALS TO:<br>
Governor Kathleen Babineaux Blanco<br>
Office of the Governorâ?¨PO Box 94004â?¨Baton Rougeâ?¨LA 70804-9004,
USA<br>
Fax: +1 225 342 7099<br>
Email:
<a href="http://www.gov.state.la.us/" eudora="autourl">
http://www.gov.state.la.us<br>
</a>Salutation: Dear Governor<br><br>
COPIES TO:<br><br>
Pardon Board<br>
504 Mayflower Street<br>
Building 6<br>
Baton Rouge, LA 70902, USA<br>
Fax: + 1 225 342 2289<br><br>
and diplomatic representatives of USA accredited to your
country.<br><br>
PLEASE SEND APPEALS IMMEDIATELY. Check with the International
Secretariat,<br>
or your section office, if sending appeals after 28 December
2007.<br><br>
<br>
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