Friday 11 July 2008

Letter to Governor Bob Riley


Governor Bob Riley
State of Alabama

via e-mail attachment


Re Thomas Arthur


Dear Governor Riley:


It has come to my attention that you are considering ordering

DNA testing

of material related to Arthur’s conviction; I urge you to order it,

and if you have no authority to do so, urge a court to order the

appropriate testing.


The testing involved was not fully developed at the time of

Arthur’s conviction.

Arthur was not able to get this testing before, and no lawyer

during the time for

appeal tolled.


With a claim of innocence that is plausible, the DNA testing

in this case would

determine with

a degree of certainty whether Arthur is guilty or not guilty

of this murder.


Alabama
is more obstacles for a condemned inmate to

mount a cliam of

actual innocence--- most predicated

on procedural bars specifically designed to prevent

such a claim.


There is no moral or legitimate reason to deny this

quest for DNA testing

--- in Arthur’s case, the DNA results should be dispositive,

and if the DNA samples

do not match Arthur, an innocent’s life will be saved,

much to your credit;


if the results inculpate Arthur, it would quiet those who claim

that Arthur is innocent,

and

the law can take it course.


The risk to you as a human being, if you deny testing, is that you

would have a

hard time

explaining your inactivity at the Pearly Gate.


The buck stops with you; do you want be a governor who allows

a man to be

executed

without looking avt potential evidence of innocence

due to procedural bars that were impossible meet?


Respectfully,

G M Larkin MD

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