Gov. Phil Bredesen has
granted a 4-month reprieve to death-row inmate Philip Workman because of an
ongoing federal criminal investigation that might be related to the capital
case.
Workman was scheduled to be
executed Sept. 24 at Riverbend Maximum Security Institution in Nashville, more
than two decades after his felony murder conviction for the death of Memphis
police Lt. Ronald Oliver.
But at the recommendation
of state Attorney General Paul Summers, Bredesen has decided to grant a reprieve
that will expire Jan. 15, when Summers could ask the Tennessee Supreme Court to
set a new execution date.
"So long as there are
outstanding issues that may be related to this case, the only proper thing to do
is to wait until those questions have been answered," Bredesen said.
"I am a supporter of the death penalty but committed that it be carried out
in a judicious manner."
The governor and the
attorney general would not disclose the nature of the ongoing 15-month federal
criminal inquiry, but the time frame dovetails with a continuing investigation
into a 2002 attack on a Shelby County medical examiner who has played a crucial
role in post-conviction evidentiary hearings.
Summers said that he does
not think the federal investigation calls into question the immediate
circumstances that led to Workman's conviction and that he thinks it does not
affect the validity of the death sentence.
Because of the governor's
decision, Workman's attorneys yesterday afternoon withdrew their motion for a
stay of execution in a Memphis federal court. U.S. District Court Judge Bernice
Donald will hold the case in abeyance pending the outcome of the federal
criminal investigation and the U.S. 6th Circuit Court of Appeals' consideration
of the Tennessee death row case of Abu-Ali Abdur'Rahman.
Waiting on the appeals
court to decide the Abdur'Rahman case probably will delay the Workman
proceedings past Jan. 15, Workman attorney Kelley Henry said.
Standing side by side at a
morning news conference at the state Capitol, neither the governor nor the
attorney general would detail the particulars of the federal case that prompted
the reprieve.
Noting the unusual
confluence of a federal criminal case and a scheduled state execution, Summers
said he had received special dispensation from federal authorities to mention
the investigation's relevance to Workman's case.
Summers said that the
federal investigation originated in the Western District of Tennessee about 15
months ago and that he was briefed about its bearing on the Workman case within
the past 2 weeks.
Asked specifically whether
the federal investigation was related to the Memphis Police Department, the
Shelby County district attorney general's office or the Shelby County medical
examiner's office, Bredesen and Summers would not elaborate.
The governor said that he
has been briefed by those involved in the case: "From my perspective, it
certainly has relevance to the case."
The 15-month time frame,
however, matches the Bureau of Alcohol, Tobacco and Firearms investigation into
an attack on Shelby County Medical Examiner O.C. Smith. He was discovered June
1, 2002, bound and gagged outside his office where he had been working late.
He reported that someone
had thrown a caustic substance into his face, then strapped a bomb to his body.
He was not seriously injured. He had been threatened in letters accusing him of
lying at court hearings regarding Workman.
Smith has been involved
with the Workman case as a prosecution witness in legal proceedings that
occurred long after Workman was sentenced to death.
"It is a strange,
bizarre and unusual case,'' said James Cavanaugh, chief agent of the ATF's
Nashville field division, which covers Tennessee and Alabama.
"It is an active
investigation, and no one has been charged," Cavanaugh said yesterday. He
would not comment further about the investigation.
Asked specifically about
the governor's announcement, Cavanaugh said he would refer any additional
questions back to state officials. The U.S. attorney's office in Memphis would
not comment yesterday.
Workman was robbing a
Memphis Wendy's restaurant in 1981 when police, responding to a silent alarm,
raced to the scene. They encountered him outside the restaurant.
Prosecutors contend that
Workman fired his handgun until it wouldn't fire anymore and that he fired the
shot that killed Oliver. Defense attorneys counter that the ballistics evidence
proves that it was a police officer's bullet, not one of Workman's, that felled
the police lieutenant.
In a 2000 report, Smith
referred to a previously undisclosed X-ray, taken of Oliver's body after he had
been killed. The X-ray had not been disclosed to defense attorneys before
Workman's 1982 trial or in response to defense attorneys' requests in 1990 and
1995 when they were seeking all evidence pertaining to his case.
Smith testified in a 2001
evidentiary hearing on newly surfaced Workman evidence that he was convinced the
fatal bullet came from Workman's gun, not from a police weapon.
Death penalty opponent
Randy Tatel, the executive director of Tennessee Coalition to Abolish State
Killing, listened to the governor's announcement at the Capitol and said
afterward: ''Governor Bredesen is a thoughtful and ethical individual when it
comes to his stated position that, while he supports the death penalty, each and
every case is of concern to him in terms of how it is administered in the
judicial system."
Workman learned of the
reprieve in a phone call with one of his attorneys:
"He was shocked like
we were," defense attorney Henry said. "He's relieved, and he's just
as curious about this as we all are."
Governor holds power to
pardon
The governor has the
authority to pardon anyone who has been convicted of a crime, one of the
constitutional checks and balances to the power of the state courts.
The Tennessee Constitution,
in Article III, Section 6, states that the governor, "shall have power to
grant reprieves and pardons, after conviction, except in cases of
impeachment."
Gov. Phil Bredesen signed
the Philip Workman reprieve yesterday at the recommendation of Attorney General
Paul Summers, whose office has for years been arguing that Workman deserves to
die in Tennessee's death chamber.
So far, Bredesen has
received two clemency requests from death row inmates.
Abu-Ali Abdur'Rahman asked
for the governor to grant him clemency, but he did so before the U.S. 6th
Circuit Court of Appeals decided that it would hear arguments in the inmate's
case - meaning that the governor has not had to make a decision on his case.
That case is still on appeal.
Workman had asked for
Bredesen to review his case, too, but he withdrew that application when he
learned that Bredesen would refer his case to the state parole board, which
already had heard the case and unanimously recommended to then-Gov. Don
Sundquist that Workman be executed. Workman has said that appearing again before
the board is not worth it.
The governor has said that
he intends to review all death penalty cases to ensure that the judicial system
has given defendants a fair hearing.
Bredesen's
judicious move delays execution
Gov. Phil Bredesen and
state Attorney General Paul Summers, both supporters of the death penalty,
deserve credit for delaying the execution of Philip Workman until January.
The governor accepted the
recommendation of Summers and announced yesterday that Workman's execution would
be delayed until Jan. 15 because of a federal criminal investigation related to
the Workman case. Summers declined to give specifics about the investigation
except to say that it does not directly affect the facts in the case. Workman
was scheduled to be executed Sept. 24 for the shooting death of Memphis police
officer Lt. Ronald Oliver in 1981.
The governor said with
issues unresolved "the only proper thing to do is to wait until those
questions have been answered."
The delay is only the most
recent development in this complex case. An eyewitness has recanted his
testimony from the trial. Questions have since been raised about the ballistics
report, including whether the bullet that killed Oliver came from Workman's gun.
The evidence uncovered since the trial has led at least 5 jurors to say they
might have decided differently. The delay gives opponents of the execution more
time to make that case.
Another delay in a death
penalty case now 22 years old may further frustrate those who support the death
penalty. Yet hastening the execution with unanswered questions remaining could
only compound a wrong. It would also bolster the arguments of those, including
this newspaper, who have called for a moratorium on executions in Tennessee.
Delaying the execution
doesn't overturn Workman's sentence. What both sides can be certain of is that
the Bredesen administration is fulfilling its duty to act judiciously in the
matter. The governor's office continued to review the case after the Workman
lawyers withdrew their petition for clemency a few weeks ago. Now, the governor
has shown he won't ignore any reasonable request to throw light on the issues
involved.
Against the finality of an
execution, fairness should be welcomed on both sides.
TENNESSEE:
Workman
says he's thankful for 4th stay
Philip Workman was making
final preparations this week for his Sept. 24 execution date � his fourth
scheduled date in less than 4 years - when a death row officer said he was
needed "ASAP."
His attorney was on a cell
phone Monday morning with stunning news: Gov. Phil Bredesen had issued a
surprising four-month reprieve because of an undisclosed, ongoing federal
criminal investigation into a case that could relate to Workman's.
Workman was still trying
yesterday to grasp the reality of the governor's action, but he understood he
had narrowly avoided another trip to the death watch chamber where the condemned
are kept in the days and hours before a scheduled execution.
"I have a friend here
who when he would see me after the other 3 (execution dates) would look at his
watch and say, 'Hey, you ain't supposed to be here,'" Workman said
yesterday in a death row interview at Riverbend Maximum Security Institution
here. "This time he said, 'You have more lives than a cat.' I said, 'I hope
it stays that way.'"
The 50-year-old inmate,
convicted 2 decades ago for the 1981 shooting death of Memphis police Lt. Ronald
Oliver, has claimed that his sentencing was based on perjured testimony and
important evidence to his defense was not heard at his trial.
Workman was handcuffed and
in chains bolted by a Master lock yesterday as he discussed his thankfulness for
Bredesen's action.
"A blessing, it's
nothing but temporary," he said of the governor's action. "But
hopefully it's going to be just the beginning of some other things coming to
light. Hopefully it will lead me back to where all this belongs, which is a jury
of my peers with all the evidence this time."
Workman said coming so
close to death on three previously scheduled dates since 2000 has started to
wear on him. The closest came March 2001. He was less than an hour from a lethal
injection when the state Supreme Court issued a stay and ordered a hearing on
new evidence.
With next Wednesday's date
set before the governor's action, Workman's grim routine he followed the other
times began again. He washed the walls of his cell because, he said, he wants
them to be clean for the next death row inmate inhabiting it. The restless
nights and anxiety started to build about 2 weeks ago, as it had before, he said.
On Sunday he met with his
30-year-old daughter and 2 grandchildren for what he expected to be one of his
final unrestricted visits. When his attorney called Monday, he was packing his
belongings neatly away so his family could carry them off after he was executed.
"The anxiety level and
mental chaos really starts going through your mind," Workman said.
"You get a little
disoriented trying to keep up with everything and trying to have hope. - It's
really quite tortuous.
It can almost drive you
insane. Each time you would think it would get easier, but it actually gets
harder."
Workman has been on death
row since 1982 for shooting Oliver outside a Wendy's restaurant in Memphis that
he robbed, leading to what prosecutors said was a shootout with police arriving
at the scene.
Workman has contended that
it was not his bullet that killed Oliver. His attorneys in recent years have
produced a forensics expert who said he didn't think the fatal bullet was fired
by Workman.
Shelby County Medical
Examiner O.C. Smith has testified as a state expert that he thinks the bullet
was fired by Workman's gun.
Federal investigators are
looking into a bizarre attack last year on Smith. Smith was discovered bound and
gagged outside his office on June 1, 2002. He told investigators that someone
had thrown a caustic substance on his face and strapped a bomb to him, but he
wasn't seriously injured.
Smith had been threatened
in letters that accused him of lying in Workman's court hearings in recent years.
Bredesen didn't cite the
federal case that factored into the reprieve that expires Jan. 15, but the time
line of the investigation coincides with the investigation into the Smith case.
Workman said he doesn't
know if anything will come from the temporary reprieve, but he knows it will
allow him time to see his daughter and grandchildren for at least one more
Christmas.
He wears a purple ball cap
with Bible passage "Job 13:15" painted on it. The fact that he has
escaped death again, at least temporarily, he assigns to God's power at work.
"Every time they want
to kill me, look what He does. They open a door," Workman said. "This
time they've opened a garage door."