Retired-6
03-20-2003, 09:27 PM
Citing Anti-Gay Bias, ACLU Asks Governor
To Spare Missouri Man Set for Execution
FOR IMMEDIATE RELEASE
Monday, February 5, 2001
JEFFERSON CITY, MO -- The American Civil Liberties Union today asked Governor Bob Holden to grant clemency to Stanley Lingar, who is set to be executed here at 12:01 a.m. Wednesday morning. In a letter to Holden today and in earlier legal briefs in the case, the ACLU cited clear anti-gay bias in Lingar's trial and sentencing.
Lingar's attorneys filed a last-minute appeal with the U.S. Supreme Court this morning, seeking to overturn the death sentence that was handed down nearly 15 years ago. Lingar and his companion, David Smith, were convicted of killing a 16-year-old in 1985. In exchange for testifying against Lingar, Smith was sentenced to 10 years in prison.
During the sentencing phase of his trial, Lingar's sexual orientation was the only fact that the prosecution put before jurors to help them decide whether he should live or die.
"Shockingly, the prosecution said being gay was a 'character' flaw that should be taken into account in imposing the death penalty," said Matt Coles, Director of the ACLU's Lesbian and Gay Rights Project. "The state said Stanley Lingar should be put to death because he is gay. It's difficult to imagine a more stark example of state-sanctioned homophobia."
In 1997, the ACLU filed a friend-of-the-court brief asking the U.S. Court of Appeals for the 8th Circuit to overturn Lingar's death sentence because his constitutional rights were violated by the prosecution's focus on his sexual orientation.
Lingar's is the first execution scheduled under Holden, who became governor late last year when Mel Carnahan died while campaigning for the U.S. Senate. Under Missouri law, Holden has the power to grant clemency and commute a death sentence to life in prison without parole - which the ACLU asked him to do today.
In recent years, the ACLU has been involved in a number of cases where sexual orientation was a factor in sentencing people to death. Frequently -- as was the case recently in Texas and Oklahoma -- governors cite state laws and policies that prevent them from commuting a death sentence.
"In this case, there's nothing preventing Governor Holden from stepping in," Coles said. "In fact, having sworn to uphold the state's laws and apply them equally, he is obligated to do the right thing and correct this injustice by keeping Stanley Lingar in prison for life."
To Spare Missouri Man Set for Execution
FOR IMMEDIATE RELEASE
Monday, February 5, 2001
JEFFERSON CITY, MO -- The American Civil Liberties Union today asked Governor Bob Holden to grant clemency to Stanley Lingar, who is set to be executed here at 12:01 a.m. Wednesday morning. In a letter to Holden today and in earlier legal briefs in the case, the ACLU cited clear anti-gay bias in Lingar's trial and sentencing.
Lingar's attorneys filed a last-minute appeal with the U.S. Supreme Court this morning, seeking to overturn the death sentence that was handed down nearly 15 years ago. Lingar and his companion, David Smith, were convicted of killing a 16-year-old in 1985. In exchange for testifying against Lingar, Smith was sentenced to 10 years in prison.
During the sentencing phase of his trial, Lingar's sexual orientation was the only fact that the prosecution put before jurors to help them decide whether he should live or die.
"Shockingly, the prosecution said being gay was a 'character' flaw that should be taken into account in imposing the death penalty," said Matt Coles, Director of the ACLU's Lesbian and Gay Rights Project. "The state said Stanley Lingar should be put to death because he is gay. It's difficult to imagine a more stark example of state-sanctioned homophobia."
In 1997, the ACLU filed a friend-of-the-court brief asking the U.S. Court of Appeals for the 8th Circuit to overturn Lingar's death sentence because his constitutional rights were violated by the prosecution's focus on his sexual orientation.
Lingar's is the first execution scheduled under Holden, who became governor late last year when Mel Carnahan died while campaigning for the U.S. Senate. Under Missouri law, Holden has the power to grant clemency and commute a death sentence to life in prison without parole - which the ACLU asked him to do today.
In recent years, the ACLU has been involved in a number of cases where sexual orientation was a factor in sentencing people to death. Frequently -- as was the case recently in Texas and Oklahoma -- governors cite state laws and policies that prevent them from commuting a death sentence.
"In this case, there's nothing preventing Governor Holden from stepping in," Coles said. "In fact, having sworn to uphold the state's laws and apply them equally, he is obligated to do the right thing and correct this injustice by keeping Stanley Lingar in prison for life."