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The witness—who claims he falsely identified Owens as the killer because he feared for his life—said that barring a stay, the condemned man "will die for a crime that he did not commit."
Barring an unlikely 11th-hour reprieve from South Carolina's governor or U.S. Supreme Court, correctional officials are set to carry out the state's first execution in 13 years after its attorney general brushed off a key prosecution witness' bombshell claim that the convicted man did not commit the murder for which he is condemned to die.
Freddie Owens—who legally changed his name to Khalil Divine Black Sun Allah while imprisoned—was convicted and sentenced to die by lethal injection for the shooting death of convenience store cashier Irene Graves, a 41-year-old mother of three, during a 1997 robbery.
Although there was no forensic evidence linking the then-19-year-old man to the murder, state prosecutors relied upon the testimony of co-defendant Steven Golden, who pleaded guilty and agreed to testify against Owens as part of a plea deal to spare his own life.
On Wednesday Golden filed an affidavit in the South Carolina Supreme Court in which he declared that he lied about the identity of Graves' killer.
"If this court does not grant a stay, Freddie will die for a crime he did not commit," he wrote.
However, on Thursday the state's highest court rejected Owens' bid.
"Freddie Owens is not the person who shot Irene Graves at the Speedway on November 1, 1997," Golden's filing stated. "Freddie was not present when I robbed the Speedway that day."
"The detectives told me they knew Freddie was with me when I robbed the Speedway," wrote Golden, who was 18 years old at the time of the crime. "They told me I might as well make a statement against Freddie because he already told his side to everyone and they were just trying to get my side of the story."
"I was scared that I would get the death penalty if I didn't make a statement," he continued. "I signed a waiver of rights form and then signed a statement on November 11, 1997."
"In that statement, I substituted Freddie for the person who was really with me in the Speedway that night," Golden claimed. "I did that because I knew that's what the police wanted me to say, and also because I thought the real shooter or his associates might kill me if I named him to the police. I am still afraid of that. But Freddie was actually not there."
Golden—who said he did not name the person who he says killed Graves for fear of his life—added: "I'm coming forward now because I know Freddie's execution date is September 20 and I don't want Freddie to be executed for something he didn't do. This has weighed heavily on my mind and I want to have a clear conscience."
The office of Republican South Carolina Attorney General Alan Wilson responded to Golden's affidavit on Thursday, calling his claim "inherently suspect" and stating that he "has now made a sworn statement that is contrary to his multiple other sworn statements over 20 years."
The attorney general's statement came after a federal judge on Wednesday declined to halt Owens' execution over his legal team's concerns about the provenance of South Carolina's supply of pentobarbital, which is used in lethal injections.
South Carolina unofficially paused executions in 2011 as lethal injection drugs became increasingly difficult to obtain because pharmaceutical companies enacted bans on their use for capital punishment. The state subsequently passed a law protecting the identity of drug suppliers, resulting in renewed stocks.
Additionally, the state Supreme Court ruled in July that executions by firing squad and electrocution do not violate the U.S. Constitution's ban on cruel and unusual punishment, validating a law signed in 2021 by Republican Gov. Henry McMaster that forces condemned inmates to choose between the two methods of execution at a time when lethal injection drugs were still scarce.
Anti-death penalty campaigners on Wednesday submitted a petition with more than 10,000 signatures asking McMaster to grant Owen clemency.
Although the number of U.S. executions has been steadily decreasing from 85 in 2000 to 24 last year, a flurry of impending state killings has raised alarm among human rights activists. Amnesty International says that in addition to Owens, seven men are scheduled to be put to death in the coming month.
"No government should give itself the power to execute people," Amnesty said Thursday on social media. "It is past time for the U.S. to align with other countries that no longer carry out this cruel and inhuman punishment."
A 2014 study determined that at least 4% of people on U.S. death rows were likely innocent.
"The creation of any 'buffer zone' must not amount to the collective punishment of the Palestinian civilians who lived in these neighborhoods," warned one Amnesty campaigner.
Amnesty International said Thursday that the Israeli military should be investigated for the "war crimes of wanton destruction and of collective punishment" over its destruction of entire communities along Gaza's border with Israel.
"Using bulldozers and manually laid explosives, the Israeli military has unlawfully destroyed agricultural land and civilian buildings, razing entire neighborhoods, including homes, schools, and mosques," the London-based rights group said in a new investigation.
Amnesty analyzed satellite imagery, as well as photos and videos posted online by invading Israel Defense Forces troops between October and May, and found that the IDF has cleared wide swathes of land up to 1.2 miles (1.8 km) wide along Gaza's eastern border.
"In some videos, Israeli soldiers are seen posing for pictures or toasting in celebration as buildings are demolished in the background," the report states.
Israeli forces laid waste to much of Khuza'a in Khan Younis governate, under the pretext that Hamas-led militants attacked southern Israel from the town on October 7.
Salem Qudeih, a teacher who lived in Khuza'a about a mile from the border, told Amnesty that "around my family home we had a three dunam (0.7 acre) orchard full of fruit trees. They were all destroyed. Only an apple tree and a rose were left."
"I had bees and produced honey. All of it is gone now," he added. "Out of the 222 houses of my relatives in the area, only about a dozen remain. My home—where I lived with my wife, my five daughters, and one son—was completely destroyed."
Erika Guevara-Rosas, Amnesty's senior director for research, advocacy, policy, and campaigns, said in a statement: "The Israeli military's relentless campaign of ruin in Gaza is one of wanton destruction. Our research has shown how Israeli forces have obliterated residential buildings, forced thousands of families from their homes, and rendered their land uninhabitable."
"Our analysis reveals a pattern along the eastern perimeter of Gaza that is consistent with the systematic destruction of an entire area," she continued. "These homes were not destroyed as the result of intense fighting. Rather, the Israeli military deliberately razed the land after they had taken control of the area."
"The creation of any 'buffer zone' must not amount to the collective punishment of the Palestinian civilians who lived in these neighborhoods," Guevara-Rosas added. "Israel's measures to protect Israelis from attacks from Gaza must be carried out in conformity with its obligations under international law, including the prohibition of wanton destruction and of collective punishment."
"The Israeli military deliberately razed the land after they had taken control of the area."
Other experts—including United Nations officials and scholars—have previously highlighted what Robert Pape, a U.S. military historian and University of Chicago professor, described as "one of the most intense civilian punishment campaigns in history."
In the 335 days since October 7, Israeli forces have killed or maimed more than 145,000 Palestinians in Gaza while forcibly displacing almost all of the embattled strip's 2.3 million people and destroying hundreds of thousands of homes and other structures, according to Palestinian and international officials. Rebuilding after Israel's obliteration of Gaza's civilian infrastructure is expected to cost over $18.5 billion, or nearly Palestine's entire annual gross domestic product.
Israel is currently on trial for genocide at the International Court of Justice in The Hague. Meanwhile, International Criminal Court (ICC) Prosecutor Karim Khan has applied for warrants to arrest Israeli Prime Minister Benjamin Netanyahu, Israeli Defense Minister Yoav Gallant, and Hamas leaders for alleged war crimes including extermination.
"International humanitarian law, which applies in situations of armed conflict, including during military occupation, is comprised of rules whose central purpose is to limit, to the maximum extent feasible, human suffering in times of armed conflict," Amnesty explained Thursday.
The group noted that under the Fourth Geneva Convention, "extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly," is a war crime.
Additionally, the treaty bans collective punishment of civilians, stating that "no protected person may be punished for an offense he or she has not personally committed."
Amnesty has repeatedly
accused Israel of committing war crimes in Gaza and has urged the ICC to open investigations into multiple "indiscriminate" and "disproportionate" IDF massacres, as well as torture and other alleged human rights violations.
"We already know how devastating the Biden asylum shutdown is and it should be ended immediately rather than expanded," said one campaigner.
Two months after U.S. President Joe Biden signed an executive order barring migrants who cross the southern border without authorization from receiving asylum, senior administration officials are reportedly considering making the policy—which was meant to be temporary—much harder to lift.
Biden's June directive invoked Section 212(f) of the Immigration and Nationality Act—previously used by the administration of former Republican President Donald Trump, the Republican presidential nominee, to deny migrants asylum—"when the southern border is overwhelmed."
The policy shuts down asylum requests when the average number of daily migrant encounters between ports of entry hits 2,500. Border entry points may allow migrants to seek asylum when the seven-day average dips below 1,500.
"The move to make the asylum restrictions semi-permanent would effectively rewrite U.S. asylum law."
The changes under consideration would reopen entry only after the seven-day average for migrant encounters remains under 1,500 for 28 days.
"The asylum ban itself is arbitrary and duplicative. It has no relation at all to a person's asylum claims, meaning even a person with an extraordinarily strong claim would be denied for crossing at a time when many others, potentially thousands of miles away, are doing the same," Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, an advocacy group, said Wednesday.
"There is no doubt that we need to rethink the current asylum system, which would include giving it an infusion of resources so that people don't have to wait five years for a decision," he continued. "But cutting it off to whole swathes of people for reasons unrelated to their claims isn't a fix."
"The move to make the asylum restrictions semi-permanent would effectively rewrite U.S. asylum law, which since it was created in 1980 has mandated that all people on U.S. soil be permitted to request humanitarian protections, regardless of how they got here," Reichlin-Melnick added.
U.S. officials say Biden's order has resulted in a dramatic decrease in asylum claims.
According to The New York Times:
Since Mr. Biden's executive order went into effect, the number of arrests at the southern border has dropped precipitously. In June, more than 83,000 arrests were made, then in July the number went down further to just over 56,000 arrests. Arrests in August ticked up to 58,000, according to a homeland security official, but those figures still pale in comparison to the record figures in December when around 250,000 migrants crossed.
Migrant rights advocates condemned the new rules. Less than two weeks after Biden issued the order, a coalition of rights groups led by the American Civil Liberties Union sued the administration, arguing the policy was illegal and endangered migrant lives.
"We already know how devastating the Biden asylum shutdown is and it should be ended immediately rather than expanded," Amy Fischer, Amnesty International USA's director of refugee and migrants rights, said Wednesday on social media. "High numbers of people being denied their human rights is not a sign of success, it's a disgrace."