What They’re Saying

“As crowds take to the streets to protest systemic racism, the state is going to court to argue a man should be put to death despite evidence racial profiling might have marred his murder trial...Abdur’Rahman’s attorneys, the NAACP and the former prosecutors say it was that kind of racism that got him the death penalty.”

“Abu Ali can continue to be of service to the institution through the use of his skills as an agent of transformation as a mentor, educator, and peacekeeper at Riverbend Maximum Security Institution … I can attest to the fact that Abu Ali has rehabilitated himself ‘as much as possibly can be done,’ in the words of Judge Acree … I am only asking that his death sentence be commuted to life without parole so that he can continue assisting me in developing the conflict resolution program, along with his other good works within the prison system.”

“It is clear from the information gathered, that Abu Ali Abdur’Rahman has been involved in a consistent process of improving himself and his character, … He has pursued education, enhanced his spiritual knowledge and practice, and provided service to the community. He has been highly commended for his achievements at work, and acknowledged by all levels of prison staff and administration for his stabilizing influence and positive impact … His accomplishments are truly remarkable given the circumstances of his incarceration.”

“As a veteran of capital defense litigation in Tennessee, I observed with more than passing interest the oral argument before the Tennessee Court of Criminal Appeals in the case of Abu-Ali Abdur’Rhaman on June 9.

What was most striking to me, upon reflection, was the extraordinary level of cynicism that underlies Attorney General Herbert Slatery’s extraordinary efforts to kill a Black man whose trial was indisputably tainted by racial discrimination in the jury selection process.

To repeat, there is no dispute about this fact; the state’s crusade is based solely on procedural technicalities peculiar to federal habeas corpus proceedings and the vagaries of state post-conviction law, with solemn invocations of the need for finality in state court criminal judgments. Never mind the finality of Abdur’Rahman’s wrongful execution.”

“Overt racial bias has no place in the justice system. Further, and most importantly, the pursuit of justice is incompatible with deception. Prosecutors must never be dishonest to or mislead defense counsel, courts or juries.”

“Despite what you have been told, the race discrimination allegations have not been extensively reviewed by every judge and found to be without merit. It was only recently that the race discrimination issue was formally considered on by a local state court judge.”

“Tennessee’s attorney general wants the state Supreme Court to fast-track his office’s appeal of a black inmate’s commuted death sentence, a case that has gained attention after concerns were raised that racism tainted his jury selection pool and prompted his pending execution to be converted to life in prison.”

“Whatever your take on the merits of Abdur’Rahman’s claims, one thing about this case is undeniable: the prosecutor desecrated his noble role. He failed grossly in his duty to act as ‘the representative … of a sovereignty … whose interest … in a criminal prosecution is not that it shall win a case, but that justice will be done.’ (Berger v. United States, 295 U.S. 78, 88 (1935), Abdur’Rahman may face the ultimate penalty as a result; justice will bear a scar.”

“Mr. Rahman worked with me very closely as an inmate counselor member and was instrumental in helping me to initiate some of the programs for the death row unit (Unit 2). He was very cooperative, very supportive, and made sound decisions as a representative of the unit. In my opinion he worked hard in trying to be a positive influence on other death row inmates … I understand from Warden Ricky Bell that he has maintained the positive attitude and behavior and still has a positive outlook and impact upon the unit.”

“The Court concludes that the prosecuting office has the authority to remedy a legal injustice under the circumstances such as these before us. After careful consideration, the Court believes the parties reached an equitable and just resolution and, therefore, approves the agreed order.”

“No court has ever considered the constitutional fairness of Mr. Abdur’Rahman’s trial based upon a cumulative consideration of all of the evidence and of all of the indisputable constitutional error that occurred in the case.”

“As it stands, some of Tennessee’s most powerful officials would rather sacrifice Sedley Alley and Abu-Ali Abdur’Rahman on the altar of the death penalty, preserving their faith in it at all costs — lest they be forced to truly reckon with the failures of the system they oversee.”

“Lamentably, there are some who would opine, notwithstanding the glaring insufficiencies present in this case, that the ineffective assistance of counsel issue has been litigated, is final as a matter of law regardless of the result, and that our justice system’s shortcomings, however clear in hindsight, are now beyond correction. In my view, however, it is plainly unconscionable in a death penalty case to ponder our errors, declare that our hands are tied and yet send Abdur’Rahman to be executed. Our duty clearly calls for us to relentlessly pursue a just result.”