State

As the Twin Towers of the World Trade Center toppled and with the Pentagon in flames, Attorney General Betty Montgomery battled on almost alone, as the rest of the nation sought to comfort the wounded, tried to rescue survivors and mourned its dead. Montgomery was not on a mission of mercy, but yearned for more death that day. She wanted Johnny Byrd dead. Reports of Supreme Court justices hidden away in undisclosed bunkers to safeguard them from terrorists attacks, did not deter her from filing a motion to kill Johnny Byrd.

Byrd’s scheduled execution date of Wednesday, September 12 at 10 a.m. was stayed by the Sixth Circuit Court late Monday evening. Numerous questions remained surrounding the killing of suburban Cincinnati convenience store clerk Monte Tewksbury. While Byrd was convicted of actually stabbing Tewksbury during a robbery, his trial was a farce. Byrd’s attorneys failed to investigate his claims of innocence, offer evidence or mount a defense during the trial. The state’s only direct evidence against Byrd was the perjured testimony of a violent and notorious jailhouse snitch, Ronald Armstead.

Legislation is supposed to be introduced soon in Ohio’s House calling for a halt to the Death Penalty while it is studied by a blue ribbon panel.

In the meantime, local governments will be asked to pass a resolution in support of a Death Penalty Moratorium. There are presently activists in about 12 states organizing local governments and civic organizations to pass resolutions. In neighboring Pennsylvania, both Pittsburgh and Philadelphia have endorsed a resolution. Ironically Philadelphia has supplied about half of the inmates on Pennsylvania’s death row.

Locally in Columbus, activists are presently in conversations with some City Council members to explore the possibility of a moratorium resolution. Such conservatives as George Will and Pat Robinson have stated their support for a moratorium. For more information call Gary Witte at 443-6044.

“From the dawn of man his blood filled cries for revenge have been heard, the lustful poison for vengeance seeping into his heart blackening his soul. The creator heard these cries – thus while giving the law to Moses said, whomever seeks to take a life with this in their heart is themselves guilty of murder.” — Johnny William Byrd, Jr.

Byrd’s words from death row ring true. Consider his warning and imagine his plight. As a nineteen-year-old, he made the mistake of doing downers and drinking alcohol and hanging out with two older guys in a van one fateful night. The next day, he awoke hung over in the Hamilton County jail cell and found himself accused of murder. Despite the fact that there was no physical evidence against him – and one of the other guys in the van’s footprint was on the counter in the convenience store where the clerk, Monte Tewksbury, was fatally stabbed once in the liver – Byrd was the only one found guilty of a capital offense and sentenced to death.

Kevin Scudder, age 37, was convicted in 1990 of murdering Tina Baisden, age 14. The charge of aggravated murder included attempted rape and kidnapping specifications. On December 14, 1990, Scudder was sentenced to death.

The basic facts of the case are these: On February 6, 1989, Baisden left her home in the company of Scudder and two others. On February 7, early in the morning, Scudder came home wounded and was taken to Mt. Carmel Hospital. Later, Baisden’s body was found in a field near Scioto Downs. She had been stabbed 46 times.