Execution of Nathaniel Woods

The murders for which Woods was convicted took place on June 17, 2004, in Birmingham, Alabama. Four police officers: Harley Chisholm III, Charles Bennett, Carlos Owen and Michael Collins, stormed a crack house while Woods and Kerry Spencer were inside. Spencer grabbed an SKS rifle when he heard the officers, while Woods was in the kitchen. Woods was allegedly maced by one of the officers, and surrendered. After Woods had surrendered to the officers, Spencer came downstairs to see two officers pointing guns at him, while Woods allegedly held his head in pain from the mace.[7] Spencer fired shots at all four police officers, killing three out of the four (Chisholm, Bennett, and Owen). The fourth officer, Michael Collins, was injured, but survived. Woods ran out of the house when he heard the gunshots. Spencer and Woods were both charged with the murders, despite Woods never firing a weapon. Spencer stated Woods was not involved and said, "Nate is absolutely innocent. That man didn't know I was going to shoot anybody just like I didn't know I was going to shoot anybody that day, period."[5][3][8]

At Woods's trial, prosecutors successfully excluded every qualified black prospective juror, except for two, in a city that is majority black.[9] While the prosecution conceded that it was Spencer who had opened fire on the officers, they accused Woods of luring them to their deaths.[10]

It has been alleged by Spencer, Woods, and others in the community that two of the Birmingham police officers were crooked cops involved in a drug trafficking operation where Kerry Spencer and another man, Bubba Cooper paid the officers around $1,000 a week in exchange for supressing local drug-dealing competition and tipped Cooper off to the buy-and-bust operations of narcotics officers. Eventually, they stopped paying the officers after they raised the price to $3,000 a week, and Spencer said this was the actual motive for the drug bust.[11]

In deciding whether capital punishment was an appropriate sentence for Woods's convinction, the jury voted 10-2 in favor of execution. Unlike most states that allow capital punishment, Alabama does not require death sentence verdicts to be unanimous, and Woods was placed on death row.[12]

Woods turned down a plea deal of 20 to 25 years in prison, as he was misinformed by one of his lawyers that he could not be given the death penalty as he did not commit the murders. Lauren Faraino, a lawyer and supporter of Woods, has since criticized his legal team for misleading him, "at literally every step of the way, Nate's counsel has let him down".[13]

Kerry Spencer (born June 11, 1980)[2] was also sentenced to death, and remains on death row at Holman Correctional Facility awaiting execution.[14] In an open letter, Spencer defended Woods, writing, "Nathaniel Woods doesn't even deserve to be incarcerated, much less executed."[10]

Days before Woods's execution, controversy started regarding Woods's sentence and whether he was genuinely guilty of the murders. Some civil rights leaders, including Martin Luther King III, urged Alabama governor Kay Ivey to commute his death sentence. Gov. Ivey told Woods's attorney she denied his request for clemency, arguing that he was an "integral participant in the intentional murder of these three officers", and calling him a "known drug dealer." Ivey also pointed out that over the 15 years that Woods had spent on death row, his conviction had been reviewed "at least nine times", with no court finding any reason to overturn the jury's decision.[15][8][13]

Kimberly Chisholm Simmons, the sister of one of the murdered officers, Harley Chisholm III, called Governor Ivey to request clemency for Woods and said, "He didn’t kill my brother, and he didn’t kill the other officers, may they rest in peace. I'm asking for mercy, and I believe my brother would want me to take a stance because of the man he was."[16]

Hours before Woods's death, the United States Supreme Court temporarily halted the execution, but later denied a stay. Nathaniel Woods was executed at Holman Correctional Facility by lethal injection at 9:01 p.m on March 5, 2020. He did not make a final statement.[8][10] Shaun King called the execution "a modern day lynching" and said that the state of Alabama "just executed an innocent man."[4] On March 13, 2020, Nathaniel Woods's sister, Pamela Woods, confronted Governor Kay Ivey during one of Ivey's press briefings and said, "Governor Ivey, you killed my brother."[17]

Ivey responded to critics, saying, "...he later bragged about his participation in these horrific murders. As such, the jury did not view Woods’ acts as those of an innocent bystander; they believed that he was a fully engaged participant.” The allegation that Woods bragged about the incident has not be corroborated by another source.[17]

Woods's execution made him the 67th death row prisoner to be executed in Alabama since 1978.[6] Martin Luther King III criticized the execution, writing, "the actions of the U.S. Supreme Court and the Governor of the State of Alabama are reprehensible and have potentially contributed to an irreversible injustice".[8] Further criticism came from Kim Kardashian, who had championed Woods's case, commenting after the stay of execution was lifted, "My heart and prayers are with Nate and his family."[10]

During Woods's trial, his state appointed appellate lawyer abandoned him and failed to file a brief on his behalf, consequently preventing the Alabama Supreme Court from reviewing his case. Woods did not learn of this until months after the deadline to file had passed. When new counsel petitioned the Alabama Supreme Court, and later the United States Supreme Court, both courts refused. Some have argued that by denying Woods an opportunity to file a brief, he was denied his constitutional rights.[6]

Steve Marshall, the Attorney General of Alabama, said Woods was not innocent and said his punishment was just. "The only injustice in the case of Nathaniel Woods is that which was inflicted on those four policemen that terrible day."[4]

Robert Dunham, executive director of the Death Penalty Information Center, has criticized Alabama's policy of allowing death sentences without a unanimous decision, saying that it, "creates a heightened risk that an innocent person will be sentenced to death".[13]

Randy Susskind, deputy director of the Equal Justice Initiative, has also criticized the policy, commenting, "Historically, unanimity has been a hallmark of our jury system", adding that in death penalty cases, the state being unable to convince the entire jury beyond a reasonable doubt "is a pretty important factor".[13]

On December 3, 2021, a documentary by The New York Times about the case of Nathaniel Woods titled To Live and Die in Alabama was released on Hulu and FX.[18]

• Brandon Bernard
• Dustin Higgs
• List of people executed in the United States in 2020
• List of people executed in Alabama