Delbert Tibbs
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Delbert Lee Tibbs (June 19, 1939 – November 23, 2013) was an American man who was
wrongfully convicted A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Inno ...
of murder and rape in 1974 in Florida and
sentenced to death Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
. Later exonerated, Tibbs became a writer and
anti-death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
activist.


Early life

Tibbs was born June 19, 1939, in
Shelby, Mississippi Shelby is a city in Bolivar County, Mississippi, United States. The population was 2,229 at the 2010 census, down from 2,926 in 2000. The town of Shelby was established in 1853 by Tom Shelby, who had purchased a block of land there from the fede ...
; he moved with his family to
Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...
at age 12, as part of the Great Migration from the South to the North. He attended the
Chicago Theological Seminary Founded in 1855, the Chicago Theological Seminary (CTS) is the oldest higher education institution in the City of Chicago and was established with two principal goals: first, to educate pastors who would minister to people living on the new west ...
from 1970 to 1972.


Incident

In 1974 a 27-year-old male and a 17-year-old female were violently attacked near
Fort Myers, Florida Fort Myers (or Ft. Myers) is a city in southwestern Florida and the county seat and commercial center of Lee County, Florida, United States. The Census Bureau's Population Estimates Program calculated that the city's population was 92,245 in 20 ...
. The man was murdered and the young woman raped. She reported that they had been picked up while hitchhiking by a black man who fatally shot her boyfriend, and then beat and raped her, leaving her unconscious by the side of the road.


Arrest, trial and conviction

Tibbs was hitchhiking in
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
about 220 miles north of the crime scene when he was stopped by police and questioned about the crime. The police took his picture, but as he did not fit the victim's description of the perpetrator, they did not arrest him. They sent the photograph to Fort Myers, where the victim identified him as the attacker. A judge issued a warrant for Tibbs' arrest. He was picked up in
Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
two weeks later and sent to Florida. Though Tibbs had an alibi, he was indicted for the crimes. During the trial, the prosecution supplemented the victim's identification with testimony from a jailhouse informant, who claimed Tibbs had confessed to the crime. The
all-white jury Racial discrimination in jury selection is specifically prohibited by law in many jurisdictions throughout the world. In the United States, it has been defined through a series of judicial decisions. However, juries composed solely of one racial ...
wrongfully convicted Tibbs of murder and rape, and he was sentenced to
death Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain ...
.


Post-trial and appeal

After the trial, the informant recanted his testimony, saying he had fabricated his account hoping for leniency in his own rape case. On appeal, the Florida Supreme Court remanded the case and reversed the decision, on the grounds that there was "considerable doubt that Delbert Tibbs is the man who committed the crimes." The court ordered a retrial. Tibbs was released in January 1977. In 1982, the Lee County State Attorney dismissed all charges, ending the chance of a retrial.


Subsequent campaigning

After that time Tibbs worked as an anti-death penalty activist. He also sought changes in the criminal justice system, especially limits on the use of eyewitness identifications which numerous studies have shown to be unreliable and highly flawed. Tibbs was one of six persons featured in the play ''
The Exonerated ''The Exonerated'' is a made-for-cable television film that dramatizes the stories of six people, some of whom, were wrongfully convicted of murder and other offenses, placed on death row, and later exonerated and freed after serving varying ye ...
'' (2002), based on accounts from death row inmates who were exonerated. (See Legacy, below.) The authors said that he was one of the inmates who showed belief in something larger to sustain him. He had said to them, "I realized if I internalized all the pain, and all the anger, and all the hurt, I'd be dead already." Rachel Kramer Bussel, "Jessica Blank and Erik Jensen, playwrights, 'The Exonerated,' authors, 'Living Justice'"
, ''The Gothamist,'' 11 April 2005; accessed January 13, 2017.
Tibbs was among the audience when Governor
George Ryan George Homer Ryan (born February 24, 1934) is an American former politician and member of the Republican Party who served as the 39th governor of Illinois from 1999 to 2003. Elected in 1998, Ryan received national attention for his 1999 mora ...
of Illinois and other politicians watched a production of the play. Ryan ordered a review of use of the death penalty in Illinois. Disturbed by learning more about injustices and a high rate of exonerations, in 2003, before leaving office, Ryan commuted the death sentences of 167 inmates on death row to life imprisonment. Later Tibbs was with a group talking to Governor Quinn about injustices in the penal system. On February 14, 2011, Tibbs, along with fellow exonerees and anti-death penalty activists, spoke with Illinois Governor Pat Quinn about repealing the death penalty in their state. A month later, on March 14, 2011, Quinn signed a bill to repeal the death penalty in Illinois.


Writer

Tibbs began writing poetry and published ''Selected Poems and Other Words/Works'' (2007), edited by O'Modele Jeanette Rouselle. It was published in New York by the Manifestation-Glow Press. His poetry also appears in the chapbook anthology ''Beccaria'' (2011), edited by poet Aja Beech.


Representation in other media

In November 1976,
Pete Seeger Peter Seeger (May 3, 1919 – January 27, 2014) was an American folk singer and social activist. A fixture on nationwide radio in the 1940s, Seeger also had a string of hit records during the early 1950s as a member of the Weavers, notably ...
wrote and recorded the anti-death penalty song "Delbert Tibbs". Eric Jensen and Jessica Blank wrote ''
The Exonerated ''The Exonerated'' is a made-for-cable television film that dramatizes the stories of six people, some of whom, were wrongfully convicted of murder and other offenses, placed on death row, and later exonerated and freed after serving varying ye ...
,'' a play about Tibbs and five other people who have been freed. It premiered in 2002 Off-Broadway in New York City. The playwrights recount how each person was convicted of murder and sentenced to death, in addition to exploring their exoneration after varying years of imprisonment. ''The Exonerated'' was adapted as a television film by the same name, which first aired on the CourtTV cable television station on January 27, 2005. Tibbs is portrayed by Delroy Lindo. At the end the film fades from the actor to Tibbs, who talks about his experience and his hopes.


Death

Tibbs died of cancer on November 23, 2013. He was 74.


See also

*
List of wrongful convictions in the United States This list of wrongful convictions in the United States includes people who have been legally exonerated, including people whose convictions have been overturned or vacated, and who have not been retried because the charges were dismissed by the s ...


References

8. Obituary, The Economist December 21, 2013 p. 140 (economist.com)


External links


Delbert Tibbs bio at
Witness to Innocence Witness to Innocence (WTI) is a non-profit organization based out of Philadelphia, Pennsylvania, dedicated to the effort of abolishing the death penalty in the United States. WTI began as a project of The Moratorium Campaign, led by Jené O'Keefe. ...

Excerpt from Studs Terkel's book "Will the Circle Be Unbroken? Reflections on Death, Rebirth, and Hunger for a Faith."
*Beech, Aja. ed
''Beccaria''
2011. {{DEFAULTSORT:Tibbs, Delbert 1939 births 2013 deaths Prisoners sentenced to death by Florida American male poets Overturned convictions in the United States Place of death missing People wrongfully convicted of rape 20th-century American poets People paroled from death sentence People from Shelby, Mississippi Chicago Theological Seminary alumni 20th-century American male writers