Thirty years after non-unanimous conviction, victim of domestic abuse is paroled

26th October 2020   ·   0 Comments

By Ryan Whirty
Contributing Writer

A Louisiana woman who had been convicted by a non-unanimous jury and subsequently served more than three decades in prison was released from incarceration last week after receiving parole from her life sentence.

Edna Gibson, a victim of domestic abuse at the hands of her husband, was found guilty of killing her husband under a system of jurisprudence established more than 120 years ago that bolstered Jim Crow segregation laws.

Gibson’s cause was taken up earlier this year by the Promise of Justice Initiative, a grassroots, non-profit legal defense and advocacy organization based in New Orleans. PJI, through its Unanimous Jury Project, works to eliminate the ongoing effects of Louisiana’s former non-unanimous jury law that was first established 1898 with a passage of a new state constitution by white supremacists that wiped away most of the Black population’s civil rights.

In 2018, Louisiana voters adopted via referendum an amendment to the state constitution that abolished non-unanimous convictions for future felony cases.

However, while the new amendment outlawed non-unanimous jury decisions for any new cases, organizations like PJI have been working to exonerate or win parole or release for people who had already been convicted by non-unanimous decisions.

And, said PJI attorney David Wheaton, while Gibson represents one such success story for defendants and their representatives, more than 1,500 people remain imprisoned as a result of an archaic, racist judicial system that stood for decades.

“I think this does speak to the effects of [the earlier criminal-justice system],” said Wheaton, who spearheaded Gibson’s defense team. “She is just one of 1,500 Louisianians in prison because of a non-unanimous jury. If this had been another state, she would not have given up 34 years of her life.

“[Gibson’s incarceration] shows the racism and Jim Crow system do exist in Louisiana,” Wheaton added. “While that system has been eroding away, it needs to continue eroding away.”

Wheaton said Gibson continued to be punished for defending herself from domestic violence even though her tenure in prison reflected her desire to live a better life.

“We presented to the parole board that this was a totally transformed woman,” he said. “During her time in prison, she received no [disciplinary] write ups for 20 years. She was an exemplary prisoner.”

Wheaton said Gibson is now looking forward to reconnecting with her family and community, from which she had been separated for so long. Wheaton noted that while in prison, Gibson worked to receive an associate’s and bachelor’s degree through the state Department of Corrections educational offerings. She is now a licensed paralegal.

“One of the things that Ms. Gibson did [while incarcerated] was to take advantage of all the programs offered by the Department of Corrections,” he said. “She got her education while in the DOC and became a more well-rounded person during this process.”

Wheaton said Gibson plans to relocate to the Lafayette area and, among other goals, wants to speak to community groups and other organizations about her experience in the hopes that she can change other people’s lives for the better. “She really wants to give back to the community,” he said.

Jamila Johnson, managing attorney for PJI’s Jim Crow Juries Project, echoed Wheaton’s thoughts in a press release about Gibson’s newfound freedom.

“Edna’s ordeal is a prime example of how Louisiana’s harsh sentencing laws compound the injustice of Jim Crow juries, condemning thousands of disproportionately Black people to life imprisonment – even though a jury could not agree on their guilt,” Johnson said. “Even as we celebrate Ms. Gibson’s release, we will continue to fight for the more than 1,500 people still imprisoned and separated from their families due to this racist and unfair practice,” she added. It is long past time to restore justice for all.”

The news of Gibson’s release was welcomed by other leaders in the local civil rights community.

“We are so happy that Edna Gibson has finally been released, more than 30 years after receiving an unfair trial,” Alanah Odoms Hebert, executive director of the ACLU of Louisiana, told The Louisiana Weekly. “Edna’s ordeal is a tragic reminder that there are still more than 1,500 people serving sentences due to non-unanimous jury verdicts, with devastating consequences for their families and communities.”

Hebert added that the successful fight to secure Gibson’s release will hopefully be another step toward dismantling the lingering remnants of decades of legally-mandated segregation in Louisiana.

“The people of Louisiana spoke clearly in 2018 that non-unanimous juries are a relic of Jim Crow that have no place in our state,” Odoms Hebert said. “We’re hopeful that the Supreme Court will decide to apply their ruling striking down non-unanimous juries retroactively, so that people like Edna can finally receive a fair trial and be reunited with their families.”

This article originally published in the October 26, 2020 print edition of The Louisiana Weekly newspaper.