Office of the
FEDERAL PUBLIC DEFENDER
for the District of Arizona
Capital Habeas Division
850 West Adams Street, Suite 201
Phoenix, Arizona 85007
The State of Arizona should not execute Jeff Landrigan on October 26, 2010.
•DNA evidence proves that the State’s theory presented at trial was false. Jeff declined the State’s plea offer of second-degree murder, and instead exercised his constitutional right to have a trial. In prosecuting Jeff for murder, the State argued to the jury that there was a bloody struggle between Jeff and the victim, and that Jeff by himself killed the victim. DNA testing was not available at the time of Jeff’s trial, but subsequent test results have excluded Jeff as the source of the two DNA profiles found in blood and semen recovered from the crime scene.
•Jeff, through no fault of his own, has organic brain damage.
Jeff’s brain was compromised by genetic influences and being exposed in utero to alcohol and drugs. As a pregnant teenager, Jeff’s mother drank whiskey and moonshine every day and regularly used amphetamines. Jeff’s father, also a substance abuser, was an extremely violent man who went to prison when Jeff was a few months old. Jeff was abandoned by his mother and adopted by another family. His adopted mother was also a chronic alcoholic, at times consuming a fifth of vodka or more a day until she passed out. Jeff’s adopted mom would frequently slap him, and once hit him in the head with a frying pan hard enough to leave a dent. Jeff’s childhood was difficult—he exhibited abandonment and attachment problems, had difficulty sleeping, and had violent temper tantrums. Not surprisingly, he turned to drugs and alcohol at a very young age, and he even overdosed in school. Because of all these factors, Jeff’s brain does not work properly. As a neuropsychologist has explained, Jeff’s inherited, prenatal, and early developmental factors severely impaired his ability to function in a society that expects individuals to operate in an organized and adaptive manner.
•The sentencing judge has admitted that she would not have sentenced Jeff to death if she knew about his background and brain damage.
None of Jeff’s background was presented to the judge who sentenced him to death because his trial counsel failed to conduct an adequate investigation and failed to hire the necessary experts. Jeff was denied an opportunity to prove that he was denied his constitutional right to effective counsel in the federal courts. The United States Supreme Court, by a 5-4 vote, said that he could not have an evidentiary hearing to prove his claim because the new mitigating evidence “would not have changed the result.” This statement, however, turned out to be very wrong. Judge Cheryl Hendrix has admitted that she would not have sentenced Jeff to death if she knew about his background and his brain damage.
If you have questions, please contact Jeff’s attorney Robin Konrad at
robin_konrad@fd.org or 602-382-2816.