Thomas Thompson was sentenced to death in 1983 for the rape and murder of Ginger Fleischli in 1981, and is scheduled to die by lethal injection on August 5, 1997. Thompson was honorably discharged fromt the military and has no prior criminal convictions. In 1985 another man, David Leitch, was convicted of the second-degree murder of Ginger Fleischli, his ex-girlfriend, and was sentenced to a term of at least 15 years imprisonment. The same attorney prosecuted both men.

In March 1995, the federal judge who heard Thompson's case reversed the rape conviction and death sentence after finding that Thompson's trial lawyer had not provided Thompson the minimal effective-assistance guaranteed by the Constitution.

The judge ruled that Thompson's lawyer failed to effectively investigate and rebut the physical evidence of rape and the credibility of two jailhouse informants.. The judge concluded that both the evidence of rape and informant testimony was unsubstantial and open to attack. Therefore, the outcome of the trial would have been different had Thompson's lawyer done his job properly.

The state appealed the judge's ruling to the U.S. Court of Appeals for the Ninth Circuit. This court reversed the federal judge's ruling, holding that, even if the lawyer's performance was incompetent, it would not have made a difference. Thompson's request to have the United States Supreme Court review the decision was rejected on June 2, 1997, despite an unusual amici curiae (friends of the court) brief that was filed by seven former prosecutors on behalf of Thompson. The prosecutors, all of whom support

the death penalty - and one who authored California's death penalty statute - expressed serious allegations of prosecutorial misconduct and doubts about Thompson's guilt.

A new petition was filed in the California Supreme Court on July 3, 1997, based on dramatic new evidence of Thompson's innocence of capital murder. This evidence, only recently disclosed by the prosecution, corroborates Thompson's trial testimony and is based on statements made by Leitch, who has stated he saw Thompson and Fleischli engaged in consensual intercourse. Despite the critical nature of this evidence in undermining Thompson's guilt of capital murder, Leitch's statements were never disclosed to Thompson's trial counsel.

The newly discovered existence of Leitch's statements, together with the evidence Thompson presented in the federal proceedings, effectively undermines major aspects of the prosecution's case, and establishes unequivocally that Thompson did not rape Ms. Fleischli, and is therefore innocent of the rape-murder for which an Orange County jury found him guilty and sentenced him to death.

Thompson's clemency hearing is on July 21, 1997. Even if clemency is denied we recommend that letters be sent to Gov. Wilson all the way up to the day of the execution. These letters should be respectful, sent via US Post, express mail, telegram or fax, and should express the following points:

- concern that Thomas Thompson is scheduled to be executed on August 5, 1997 despite grave doubts concerning his guilt of capital murder;

- that every factor cited in 41 grants of clemency by California governors between 1941 and 1974 is present in ThompsonÆs case;

- doubts about guilt, no past criminal record, honorable military service;

- doubts about prior legal representation, new evidence, good behavior while in prison, and support from trial jurors;

- that it is traditional to grant clemency to death row prisoners where there is a possible miscarriage of justice. The vast majority of governors who have granted clemency in the last 20 years did so on the grounds of the possible innocence for the prisoners concerned;

- urging Governor Wilson to grant clemency to Thomas Thompson by commuting his death sentence and thereby preventing the State of California committing a possible grievous error;

- sympathy for the victims of violent crime and their families.

Appeals to:

The Honorable Pete Wilson

Governor of California

State Capitol, 1st Floor

Sacramento, CA 95814

Dear Governor:

Telephone: 916-445-2841

Fax: 916-445-4633

Telegrams: Governor Wilson, California

Please send copies of your letter to your local newspaperÆs editorial board (and to this Bulletin Board)

Above information provided by the Californian abolitionist organization:

Death Penalty Focus

74 New Montgomery Street - Ste. 250

San Francisco, CA 94105-3411

U.S.A.

Tel. 001 415 234-0143

Fax. 001 415 234-0994

e-mail dpfocus@aol.com

contact: Kristin

For further information you can also contact:

Paolo Tuzzi

e-mail p.tuzzi@agora.stm.it