Keith Edmund Gavin, an African American man, was executed by the State of Alabama on July 18, despite ongoing concerns about the fairness of his 1998 conviction for the fatal shooting of William Clayton Jr., a delivery driver.
Gavin’s final appeal to the U.S. Supreme Court, a handwritten plea, was rejected without comment less than an hour before his execution.
Gavin’s execution has drawn significant attention, particularly from the Equal Justice Initiative (EJI), which has long questioned the effectiveness of his legal representation.
In 2020, a federal court ruled that Gavin’s court-appointed lawyers were ineffective, thereby violating his constitutional right to counsel.
This decision suggested Gavin deserved a new sentencing trial. However, this ruling was overturned on appeal.
“The Constitution guarantees effective assistance of counsel,” stated the EJI. “Defense lawyers representing a person facing the death penalty are expected to investigate and present evidence demonstrating why the jury should reject the death penalty and impose a life sentence.”
Gavin was convicted of capital murder on a 10-2 jury vote in 1998, a threshold that would not suffice for a death sentence in most states, except for Florida and Alabama.
According to the Associated Press, U.S. District Judge Karon O. Bowdre criticized Gavin’s defense team for failing to present evidence of his traumatic and abusive childhood, which could have influenced the jury to opt for a life sentence over the death penalty.
Activists and supporters delivered a petition to Alabama Governor Kay Ivey on July 17, seeking clemency for Gavin.
The petition highlighted the unfairness of his trial and criticized Alabama’s continued use of the death penalty, noting that most states with capital punishment are experiencing a downward trend in executions.
“In 2020, a federal judge ruled that Gavin’s legal representation during sentencing was constitutionally inadequate,” the petition read. “However, the Court of Appeals reversed this decision in 2022. International legal standards require effective legal assistance at all stages for those facing the death penalty. This standard was not met in Gavin’s case.”
The petition further stated:
“The vast majority of states with capital punishment continue on a downward trend of executions. Alabama has continued to go against the trend by carrying on with scheduled execution dates. Additionally, Alabama has repeatedly shown that it is not capable of carrying out executions, as it is botching its lethal injection process—amounting to cruel punishment and the torture of prisoners.”
Judge Bowdre’s ruling detailed that Gavin’s lawyers were “totally unprepared for the penalty phase,” noting that the two witnesses they called—Gavin’s mother and a minister who did not know Gavin before his arrest—were unprepared to testify effectively.
Despite this, the Eleventh Circuit ruled that a federal court must adhere to the state court’s ruling, even if it was incorrect.
The EJI has pointed out systemic issues within Alabama’s criminal justice system, citing low compensation rates for capital offense attorneys and the absence of a statewide public defender system.
These factors, according to the EJI, contribute to Alabama leading the nation in death sentencing per capita and execution rates.
Gavin, a 64-year-old Muslim, had also filed a lawsuit against the Alabama Department of Corrections to prevent an autopsy on his body after his execution, arguing it would violate his faith.
The DOC agreed to his request, leading Gavin to withdraw the lawsuit.
Alabama, which leads the country in executions in 2024, plans to proceed with the execution of Alan Eugene Miller in September.
