Texas Moratorium Network

Campaign Reports for Three CCA Judges Up for Re-Election in 2010

2009-07-18T01:01:00.004-05:00

Three incumbents on the Texas Court of Criminal Appeals are up for re-election in 2010: Michael Keasler, Cheryl Johnson and Lawrence Meyers. All three are Republicans, as are all the judges on the CCA. On July 15, 2009, they reported the following amounts to the Texas Ethics Commission.

Michael Keasler Report (PDF)

Total Contributions Zero

Total Expenditures $342.58

Total Political Contributions Maintained $3,042.43

Total of all outstanding loans Zero

Lawrence Meyers Report (PDF)

Total Contributions $2,000 (He contributed $2,000 to his own campaign)

Total Expenditures $3,055.87

Total Political Contributions Maintained $1,073.30

Total of all outstanding loans $113,693.00 (He has reported this loan on every report since March 1998. He also reported expenditures in March 1998 of $107,532.00. He had a strong challenger in that year's Republican primary.)

Cheryl Johnson Judicial Candidate/ Officeholder (PDF)

Johnson reported zero contributions, zero expenditures, zero contributions maintained and zero outstanding loans in her Candidate/Officeholder account.

Friends of Cheryl Johnson (Judicial Specific-Purpose Committee) (PDF)

Johnson is the treasurer of Friends of Cheryl Johnson

Total Contributions Zero

Total Expenditures Zero

Total Political Contributions Maintained $4,054.46

Total of all outstanding loans Zero

Protesting 1000th U.S. Lethal Injection in Montreal [Flickr]

2009-07-16T21:15:36-07:00

Texas Moratorium Network (TMN) posted a photo:

Protesting 1000th U.S. Lethal Injection in Montreal [Flickr]

2009-07-16T21:14:37-07:00

Texas Moratorium Network (TMN) posted a photo:

Protesting 1000th U.S. Lethal Injection in Montreal [Flickr]

2009-07-16T21:13:28-07:00

Texas Moratorium Network (TMN) posted a photo:

Protesting 1000th U.S. Lethal Injection in Montreal [Flickr]

2009-07-16T21:12:39-07:00

Texas Moratorium Network (TMN) posted a photo:

999th Person Executed in U.S. By Lethal Injection

2009-07-16T11:18:00.006-05:00

On July 14, John Fautenberry became the 999th person executed by lethal injection in the United States. Amnesty International Canada francophone in Montreal on Tuesday protested Fautenberry's execution and the upcoming 1000th lethal injection in the U.S. by reenacting a lethal injection (link to French-language news article in Le Devoir). The photo was sent to us by Charles Perroud, who also recently organized a protest in Montreal of the 200th execution under Texas Governor Rick Perry.

The 1000th execution by lethal injection in the U.S. could occur on July 21 when Ohio is set to execute Marvallous Keen. If Keen receives a stay, the next lethal injection could be of Roderick Newton in Texas on July 23.

Other than the 999 lethal injections, other execution methods used since the reintroduction of capital punishment in the U.S. in 1977 have been electrocution, gas chamber, hanging and firing squad.

In 1977, the state of Oklahoma passed legislation permitting lethal injection as a form of execution, but it was not the first state to actually use the method. The first execution of a person by lethal injection in the United States was on December 7, 1982 in Texas. That was also the world's first execution by lethal injection of a person who had been convicted of a crime and sentenced to death. (The Nazis in Germany had actually been the first government to use lethal injection. They used it as one of the methods in the T4 program to exterminate people with mental retardation, mental illness or other physical disabilities or illnesses.)

Executions in U.S. since 1977

Lethal Injections 999
Electrocution 155
Gas Chamber 11
Hanging 3
Firing Squad 2
All since 1977 1170

Read a 2007 Amnesty International report "Execution by lethal injection: A quarter century of state poisoning". Excerpt:

In lethal injection executions, prisoners are commonly injected with massive doses of three chemicals: sodium thiopental (also known by the trade name Pentothal) to induce general anaesthesia; pancuronium bromide to cause muscle paralysis, including of the diaphragm; and potassium chloride to stop the heart. Doctors have expressed concern that if inadequate levels of sodium thiopental are administered (for example, through incorrect doses of thiopental, faulty attachment of the line, or precipitation of chemicals) proper anaesthetic depth will not be achieved or the anaesthetic effect can wear off rapidly and the prisoner will experience severe pain as the lethal potassium chloride enters the veins and he or she goes into cardiac arrest. Due to the paralysis induced by pancuronium bromide, they may be unable to communicate their distress to anyone.

Such issues have led to these chemicals – used on humans as punishment – being barred from use on animals in euthanasia. The professional body representing the USA’s veterinary surgeons has argued that the use of pancuronium bromide is unacceptable for euthanasia of domestic pets.The American Veterinary Medical Association has taken the view that a mixture for euthanasia of animals by sodium pentobarbital should not include a paralysing agent and that humane killing of animals by potassium chloride requires prior establishment of surgical plane of anaesthesia characterised by "loss of response to noxious stimuli"(14) by a competent person.(15) The use of pancuronium bromide in animal euthanasia has since been banned in individual US states including Tennessee(16). In September 2003, a new law came into force in Texas prohibiting the use of pancuronium bromide in the euthanasia of cats and dogs. Texas is the US state which uses lethal injection the most frequently for humans, having executed some 400 people by this method since 1982.

Kenneth Mosley's Executon Postponed Because of Perry/Dewhurst Travel Plans

2009-07-14T17:32:00.003-05:00

Kenneth Mosley, set for execution this week in Huntsville, has had his execution rescheduled for Sept 24, apparently because both Rick Perry and David Dewhurst will be out of Texas this Thursday. (We don't have details on where the two are traveling, but maybe someone should check the Appalachian Trail.)

A state district judge has moved Mosley's execution date to September.

The 50-year-old death row inmate had faced lethal injection Thursday for the fatal shooting of Garland police officer Michael Moore during a bank robbery 12 years ago.

A state district judge in Dallas has reset Mosley's execution for Sept. 24.

From the DMN' Crime blog:

The execution has been postponed until September 24 at the request of the Dallas County District Attorney's office.

Apparently both Gov. Rick Perry and Lt. Gov. David Dewhurst are both scheduled to be out of the state this Thursday and one or the other is supposed to be in the state when an execution is held.

Report: "Death Penalty for Female Offenders" by Victor Streib

2009-07-13T00:58:00.002-05:00

"Death Penalty for Female Offenders" by Victor Streib, January 1, 1973 through June 30, 2009, Issue #64, by Victor Streib,Professor of Law, Ohio Northern University.

Excerpt:

RECENT DEVELOPMENTS

(1) From 1973 through mid-2009, the leading states for sentencing women to death are Texas with nineteen, California with eighteen, Florida with seventeen, and North Carolina with sixteen.

(2) As of mid-2009, California has fifteen women on death row, and Texas has ten.

(3) Currently on death row are thirteen women who killed their husbands or boyfriends, and another eleven women who killed their children. Two other women killed both their husbands and their children. These twenty-six women account for almost half of the fifty-three women now on death row.

(4) The most recent execution of a female offender was that of Frances Newton in Texas on September 14, 2005.

(5) The most unusual recent development is the rebirth of federal death penalties for women. No women had received federal death sentences in the entire current era (beginning in 1973) until one such sentence was imposed in late 2005 and another in early 2008.

SCREENING FEMALE OFFENDERS FROM THE DEATH PENALTY

(1) Women account for about one in ten (10.0%) murder arrests;

(2) Women account for only one in forty-nine (2.0%) death sentences imposed at the trial level;

(3) Women account for only one in sixty-two (1.6%) persons presently on death row; and

(4) Women account for only one in one hundred and six (0.9%) persons actually executed in this modern era.

DEATH SENTENCES IMPOSED UPON FEMALE OFFENDERS IN CURRENT ERA

(1) A total of 165 death sentences have been imposed upon female offenders from 1973 through mid-2009. Table 1 below provides these data by individual year.

(2) These 165 death sentences for female offenders constitute just 2% of all death sentences during this time period.

(3) The annual death sentencing rate for female offenders during the last decade has averaged four per year.

"Death Penalty for Female Offenders" by Victor Streib

Video: What happens in the final hours leading up to an execution?

2009-07-12T00:55:00.002-05:00

The video below is from the National Geographic Channel, "What happens in the final hours leading up to an execution?". Watch the full program, Sunday July 12 at 8 PM on the National Geographic Channel.

"Inside Death Row" - Sunday July 12, 8 PM on National Geographic Channel

2009-07-12T00:35:00.003-05:00

Gloria Rubac of the Texas Death Penalty Abolition Movement notified us of a program this Sunday, July 12, on the National Geographic Channel at 8 PM. Thanks Gloria!

"The National Geographic Channel is airing a program they filmed in Huntsville and Livingston, Texas last winter. It is on a show called EXPLORER and the show is titled "Inside Death Row."

We believe the three men featured in the program are Willie Pondexter, Johnny Ray Johnson, and David Martinez. All three men are now dead, victims of the state of Texas".

The information below is from National Geographic Channel:

In most places death has no schedule, but in Huntsville, Texas, an average of 16 people per year are scheduled to be executed by lethal injection. Inside Death Row interviews three inmates as their dates of execution draw near, and follows the stories of their families and loved ones as they deal with death firsthand. This story is not one of guilt or innocence; it is about how the State of Texas carries out the death penalty as well as the men and women whom, by choice or circumstance, become players in the act of executing another human being. Lastly, it explores how the residents of Huntsville feel towards living in a town that is ground zero for capital punishment in the United States.

If you can not see the preview video embedded below, click here to watch it at the National Geographic Channel.

Visits to Death Row

By: Katy Jones, Associate Producer

The only way to communicate with death row inmates in Texas is by actual U.S. Postal Service mail. I spent a great deal of time during the planning stages of this project writing letters to death row inmates. It is odd enough to write to a stranger, out of the blue, but I was writing to strangers who were convicted of murder and condemned to die. What do you say? “Greetings from a girl sitting in a cubicle who isn’t quite sure how she feels about any of this?”

It was a lot we were asking. We were asking men who knew the date they were going to die if, without any tangible reward, they would be willing to share their story with us. We were transparent about our plans. We would be contacting everyone involved in the executions of those men who volunteered to participate. We would contact the families of the victims. We would interview wardens & correctional personnel. We would talk to their families. And we would film everything.

I watched the mailbox daily, hoping for return letters. We received them. After various exchanges, we settled on the three men in our film. When we met them in person, what was most surprising to me was how normal they appeared. It would be easier in some ways if you could come to death row and walk away knowing that all murderers were scary monsters. But they were normal, the type of guys who, without the jump suit and plexiglass, could have lived next door, or stand in line at the supermarket. These were just guys.

You couldn’t get away from the fact that these crimes were often awful. And some of the crimes, well - I once sent an email to my producer with a case history. I included the disclaimer, “If you are going home to your children, DON’T even open this case until the morning.”

We spoke with people who held strong opinions about the death penalty – both for and against it. What I walked away with – was that everyone on all sides of the issue – both for and against - were all deeply committed to justice. Everyone involved wanted to participate in a just society. And each participant – anti-death penalty lawyers, correctional officers, district attorneys, protesters, wardens, families, even inmates – every person was doing what they could to preserve the concept of justice.

The three men in our film were executed within the span of a month. One by one, after months of exchanging letters and visiting, we recorded our last interviews. We often were able to conduct an interview the day before they died. We’d say our good-byes, touch hands to the glass - the death row method of hand-shaking - and say whatever we could awkwardly think of to say. “Thank you for being part of our project” was all I could say.

Victim's Stepmother Opposes Death Penalty in Army Murder Case

2009-07-08T02:46:00.002-05:00

From the AP:

An Army sergeant accused of slaying his superior and another U.S. soldier in Iraq will face a court-martial and could be sentenced to death if convicted, the military said Tuesday.

Army prosecutors say Sgt. Joseph Bozicevich, 39, of Minneapolis shot his squad leader, Staff Sgt. Darris Dawson, and Sgt. Wesley Durbin on Sept. 14 at a joint U.S.-Iraqi patrol base south of Baghdad. Witnesses have said Bozicevich opened fire on the soldiers when they tried to counsel him for poor performance.

and

Dawson's stepmother, Maxine Mathis, said she was thankful the military was moving forward with the case. But she said she couldn't support the death penalty for Bozicevich.

"If they could just send him to prison, that wouldn't bother me one bit," Mathis said by phone from Pensacola, Fla. "I just feel in my heart something snapped in that man. I don't know what those young men go through over there."

For the rest of the article, click here.

10th Annual "March to Stop Executions" Will Be Held in Austin Texas October 24, 2009

2009-07-04T12:00:00.006-05:00

The 10th Annual March to Stop Executions will be held in Austin on October 24, 2009. Each October since 2000, people from all walks of life and all parts of Texas, the U.S. and other countries have taken a day out of their year and gathered in Austin to raise their voices together and loudly express their opposition to the death penalty. The march started in Austin in 2000. In 2007 and 2008, the march was held in Houston. This year, it is coming back to Austin.

The photo above, which appeared in the New York Times, is from the 1st march in 2000.

The annual march is organized by several Texas anti-death penalty organizations, including the Austin chapter of the Campaign to End the Death Penalty, Texas Moratorium Network, the Texas Death Penalty Abolition Movement and Texas Students Against the Death Penalty. If your organization would like to be a co-sponsor of the 10th Annual March, contact any of the organizations listed above and let them know, so we can list you in future announcements.

The first march was called the "March on the Mansion" and was held on October 15, 2000. The second and third marches were called "March for a Moratorium" and were held on October 27, 2001 and October 12, 2002. In 2003, the march name changed to "March to Stop Executions". Clarence Brandley, who had been exonerated and released from death row in 1990 after spending nine years there, spoke at the 2003 march, saying "I was always wishing and hoping that someone would just look at the evidence and the facts, because the evidence was clear that I did not commit the crime." The "5th Annual March to Stop Executions" was on October 30, 2004. The "6th Annual March to Stop Executions" was held October 29, 2005 in conjunction with the 2005 National Conference of the National Coalition to Abolish the Death Penalty, which came to Austin at the suggestion of the march organizers.

The "7th Annual March to Stop Executions", which was sponsored by a record number of 50 organizations, was held October 28, 2006 and included family members of Carlos De Luna and Cameron Todd Willingham, who both had been the subject of separate investigations by The Chicago Tribune that concluded they were probably innocent people executed by Texas. Standing outside the gates of the Texas Governor's Mansion with hundreds of supporters, the families of Willingham and De Luna delivered separate letters to Governor Perry asking him to stop executions and investigate the cases of Willingham and De Luna to determine if they were wrongfully executed. After DPS troopers refused to take the letters, Mary Arredondo, sister of Carlos De Luna, and Eugenia Willingham, stepmother of Todd, dropped them through the gate of the governor's mansion and left them lying on the walkway leading to the main door.

The "8th Annual March to Stop Executions" was held in Houston on October 27. 2007. The "9th Annual March to Stop Executions" was October 25, 2008 in Houston.

More details, such as the time and route of the march, will be announced later.

Conservative Reasoning Against the Death Penalty by Richard Viguerie

2009-07-02T21:02:00.004-05:00

From Soujourners magazine, Richard A. Viguerie, one of the nation's most prominent conservatives, explains why he opposes the death penalty:

"The fact is, I don’t understand why more conservatives don’t oppose the death penalty. It is, after all, a system set up under laws established by politicians (too many of whom lack principles); enforced by prosecutors (many of whom want to become politicians—perhaps a character flaw?—and who prefer wins over justice); and adjudicated by judges (too many of whom administer personal preference rather than the law).

"Conservatives have every reason to believe the death penalty system is no different from any politicized, costly, inefficient, bureaucratic, government-run operation, which we conservatives know are rife with injustice. But here the end result is the end of someone’s life. In other words, it’s a government system that kills people.

and

The death penalty system is flawed and untrustworthy because human institutions always are. But even when guilt is certain, there are many downsides to the death penalty system. I’ve heard enough about the pain and suffering of families of victims caused by the long, drawn-out, and even intrusive legal process. Perhaps, then, it’s time for America to re-examine the death penalty system, whether it works, and whom it hurts.

"On how society would ever get to the point of abolishing the death penalty, if it were to do that, I have my conservative views. It must be done in a way consistent with our constitutional system. That means it cannot be imposed by the courts or by the federal government (except for federal cases). In my opinion, the Constitution does not grant the federal government the authority to ban the death penalty in the states. That must be left to the people’s representatives in their respective states, which also means that judges must not take it upon themselves.

"This is why I am joining my friend Jim Wallis in a coalition of liberals and conservatives calling for a national moratorium and conversation about the death penalty, so people can study, learn, think, pray if they wish, about whether or how the various state death-penalty systems should be changed. I hope you’ll join us".

Richard A. Viguerie has been called “one of the creators of the modern conservative movement” by The Nation magazine.

Sharon Keller-Led Texas Court Upholds Rodney Reed's Death Sentence

2009-07-02T01:51:00.004-05:00

The all-Republican Texas Court of Criminal Appeals, which is led by Presiding Judge Sharon Keller, yesterday rejected the latest appeal of Rodney Reed. (Keller's own trial on charges of bias, misconduct and incompetence from the State Commission on Judicial Conduct starts August 17 in San Antonio.) The CCA in the past has declined to grant relief for other innocent people who were later released after taking their cases to federal courts, including Ernest Willis and Kerry Cook. Reed now heads to the federal level for his next appeals where, like others before him, he may find more qualified judges than those on the CCA will rule in his favor.

From the Austin American-Statesman:

The state's highest criminal court has again rejected death row inmate Rodney Reed's claims that he did not kill Stacey Stites, a 19-year-old who was raped and strangled in Bastrop County in 1996.

Reed's case now is expected to move into the federal court system for his next — and final — round of appeals before his execution can be scheduled.

Reed's latest appeal built on allegations, contained in earlier court petitions, that Stites was murdered by her then-fiancé, Jimmy Fennell, a former Georgetown and Giddings police officer who was later sentenced to 10 years in prison for kidnapping and improper sexual activity with a woman in his custody.

But the Texas Court of Criminal Appeals ruled Wednesday that the latest allegations against Fennell did not change the case against Reed.

"The allegations of Fennell's misconduct and domestic violence do not exonerate (Reed)," the court ruled in an unanimous, unsigned opinion. "The totality of the evidence before us still supports a guilty verdict."

Reed's latest appeal included information compiled by Georgetown police during their investigation into an October 2007 incident when Fennell responded to a domestic disturbance call, drove the woman to a secluded area in his patrol car and sexually assaulted her.

According to police reports detailed in Reed's appeal, Fennell also forced a woman he met during a Georgetown traffic stop in July 2007 to have sex with him, abused his now ex-wife and stalked a Giddings woman in 1997 while working for the Giddings Police Department.

Reed's lawyers argued that the new information, coupled with earlier allegations of Fennell's misconduct, points to Fennell as Stites' killer. They also claim no jury would have convicted Reed had it known about Fennell's abusive history with women.

New York Times Covers Yogurt Shop Case

2009-07-01T11:48:00.003-05:00

The New York Times today has a long article on the Yogurt Shop case, "New Evidence Opens Old Wound in 1991 Slaying of 4 Girls". Last week, Robert Springsteen and Mike Scott were released from jail on personal recognizance bonds. They both had been incarcerated more than ten years before their convictions were overturned. Springsteen had spent four years under a death sentence before his death sentence was commuted to life because the U.S. Supreme Court banned executions of juvenile offenders. A judge released them after the DA said she was not ready to begin a new trial for either of them because she can not identify whom the new DNA evidence belongs to, although it does not belong to either Scott of Springsteen or anyone else so far associated with the case.

In the Times article, the wife of Mike Scott, Jeannine, said the authorities were grasping at straws. “They have got a sinking ship,” she said, “and they are trying to figure out how to save it.”

AUSTIN, Tex. — Seventeen years have come and gone. The yogurt shop where four teenage girls were raped and murdered has been replaced with a payday loan store. No sign remains of the fire the killers set to cover their tracks; no plaque marks the place where the girls died.

Yet this city has been unable to put the horrific crime to rest. Last week, two men who were awaiting retrial for the murders walked out of jail on bond after new evidence surfaced suggesting that someone else might have taken part in the attack.

The men, Michael Scott, 35, and Robert Springsteen, 34, had been convicted in one of the slayings years ago, but an appeals court overturned the verdict, ruling that the men’s confessions were improperly used against each other.

Now the new evidence — an unknown man’s DNA found on at least one of the girls — has thrown those confessions into doubt. The district attorney’s office has tested scores of people, hunting for the mystery person.

Defense lawyers argue that the DNA belongs to the true killer and proves their contention that the confessions of the convicted men were a coerced mass of falsehoods. But the authorities say investigators may have contaminated the evidence.

The events have raised two possibilities deeply troubling to many in this city, which is home to both the state Capitol and the University of Texas. One is that two innocent men have served nine years in prison for a crime they did not commit. The other is that there might be another killer out there.

“We wanted this case to be closed, but there is this gnawing sense that perhaps it wasn’t,” said Thomas Spencer, the head of an association of ministers in Austin. “We wish we had more certainty.”

Click here to read the entire article.Here is a video of the welcome home celebration for Mike Scott.

Texas Death Row Inmate Insists DNA Clears Him; Another Botched HPD Crime Lab Case

2009-06-28T12:54:00.003-05:00

Last week a Houston jury awarded a man $5 million dollars for his wrongful conviction that had been caused by the Houston Police Crime Lab. Now, the Houston Chronicle is reporting that another man, who has spent 15 years on death row, is saying that faulty DNA analysis by the HPD crime lab resulted in his wrongful conviction.

A death row inmate from Houston, whose conviction is receiving new scrutiny after DNA tests contradicted evidence in his case, will return to court next week where his lawyer will seek his release or a new trial.

A Harris County jury sentenced Charles D. Raby to death in the 1994 murder of a 72-year-old woman assaulted and stabbed in her own home. It is a case that once again highlights errors in work from the Houston Police Department crime lab, with the city’s own expert calling the original testimony “incorrect … and not supported.”

State District Judge Joan Campbell on Monday is scheduled to resume a hearing that began in January when Raby’s lawyer presented new DNA tests on scrapings from the victim’s fingernails, which include no evidence from Raby. Since then, his case has stalled as prosecutors and the Houston Police Department sought expert opinions.

Raby’s lawyer, Sarah Frazier, goes so far as to call the crime lab evidence presented at trial false and claimed prosecutors failed to disclose information about the forensic tests that could have helped Raby before his 1994 trial.

“Trying to pretend that Mr. Raby’s trial was at all legitimate is becoming more and more strained,” Frazier said. “He clearly is entitled to a new trial after all this time.”

and

Police arrested Raby in the 1994 stabbing death of Edna M. Franklin, a grandmother who lived alone in her north Houston home.

At Raby’s trial, jurors heard testimony from HPD crime lab analyst Joseph Chu, who told them that tests conducted on scrapings from under Franklin’s fingernails were inconclusive.

Years later, as revelations about chronic problems at the HPD crime lab came to light, Raby’s case received a second look.

Experts questioned Chu’s conclusions. Patricia Hamby, an expert hired by HPD, found that Chu had strayed from accepted procedures for body-fluid testing and had drawn faulty conclusions.

“The reporting of the blood typing of the ‘fingernails’ as ‘inconclusive’ … is contrary to and not supported by the recorded laboratory results,” Hamby wrote in a report last month to Irma Rios, HPD’s crime lab director.

In 2005, the Court of Criminal Appealsapproved DNA testing on the fingernail scrapings. A private lab in California last year completed analyses that revealed the profiles of two men. They matched neither Raby nor Franklin’s two grandsons.

“The grandsons’ exclusion is significant because these were the only individuals who had regular contact with the victim — a frail, malnourished woman in her 70s who rarely left her home or entertained strangers,” Frazier wrote.

In fact, a forensic expert hired by Raby’s lawyers testified in January that it is rare to find foreign DNA under a crime victim’s fingernails, and that if often can be traced to the person’s partner or attacker.

“In their wildest dreams (prosecutors) could not imagine a scenario where there wasn’t somebody else involved,” Frazier suggested. “I would love to see, not just a new trial, but let’s have a new investigation. Let’s find out who it is.”

At his trial, prosecutors also presented evidence on Raby’s background. They argued that he was a 22-year-old parolee with a violent history who had been taken in by Franklin at her grandson’s request, but who had turned on her when she told him he no longer was welcome.

They also introduced a confession, which Raby and his lawyer now say was coerced. They note inconsistencies between the facts of the crime and his statement. Those discrepancies also caught the attention of the Texas Court of Criminal Appeals, which in a 2005 opinion wrote “in his statement (Raby) did not say he stabbed the victim. In some aspects (his) statement contradicts the testimony of police officers about the physical evidence from the crime scene.”

Houston Jury Awards $5 Million to Innocent Person Wrongfully Convicted

2009-06-26T21:15:00.005-05:00

The Houston Chronicle is reporting that the City of Houston must pay $5 million dollars to a person who was wrongfully convicted and spent 17 years in jail for a crime he did not commit. This should be another wake-up call for all city and county governments in Texas that they should aggressively lobby the Texas Legislature to fix the problems in the criminal justice system, because it is local taxpayers who must foot the bill when innocent people are wrongfully convicted.

Several years ago the City of Austin settled lawsuits for more than $14 million with Christopher Ochoa and Richard Danziger - two people who were wrongfully convicted in Austin.

The bill will also probably come due soon for local Dallas taxpayers for all the wrongful convictions in that county that have come to light.

From the Chronicle:

A federal jury on Thursday awarded $5 million to a Houston man who spent 17 years in prison for a kidnapping and rape he did not commit, finding the city should pay for its “deliberate indifference” to problems at the crime lab whose false evidence secured the conviction.

George Rodriguez, 48, gained his freedom in 2004 after DNA tests discredited the findings of the troubled Houston Police Department crime lab on his case. By that time, he had served nearly two decades in prison. His father had died. His daughters faced abuse from men their mother lived with.

“Ain’t no amount of money is going to even my scale,” Rodriguez said after hearing the verdict. “I lost my dad and my girls have been through hell. I am grateful, but no money could replace what I lost.”

“Ain’t no amount of money is going to even my scale,” Rodriguez said after hearing the verdict. “I lost my dad and my girls have been through hell. I am grateful, but no money could replace what I lost.”

A jury of five women and three men deliberated for about two days after hearing testimony from former Mayor Lee P. Brown, who was police chief in 1987, James Bolding, a crime lab manager who testified at Rodriguez’s trial and from Rodriguez himself.

Lawyers for Rodriguez had asked jurors to award $35 million to hold the city accountable for the chronic problems at the crime lab.

“This verdict says what I think we all know to be true about the Houston Police Department crime lab,” said Barry Scheck, one of Rodriguez’s lawyers and a co-founder of the Innocence Project, which helped secure his release from prison. “They convicted innocent men and the city was indifferent.”

Three other men have been released from prison after the exposure of crime lab errors in their cases. Rodriguez is the first to sue.

Lawyers for the city, the only defendant in the case, argued that Rodriguez deserved nothing because his conviction resulted from the lie of one analyst and not a problem with policy.

In reaching its verdict, the jury found Bolding’s testimony played an important role in Rodriguez’s conviction and that the city had an official policy or custom of allowing the crime lab personnel to be inadequately trained and supervised.

The panel also found, after hours of deliberation and one declaration that it was deadlocked on the issue, that Brown, as the city’s policy maker, showed deliberate indifference to the lack of training and supervision at the crime lab and the chance that someone’s constitutional right to a fair trial could be violated.

Rodriguez was convicted in the 1987 kidnapping and sexual assault of a 14-year-old girl. Bolding testified at his trial that tests on body fluids from the crime scene eliminated another suspect, Isidro Yanez, but not Rodriguez.

Years later, after the Innocence Project took the case, DNA tests were performed on a hair from the crime scene. Those tests eliminated Rodriguez as the source of the hair and, instead, pointed to Yanez. Further review of Bolding’s testimony also revealed that his conclusions contradicted accepted theory at the time and his own testimony in other court cases.

A judge ordered Rodriguez’s release from prison in 2004 and prosecutors agreed not to retry him. The Texas Court of Criminal Appeals vacated the conviction, but prosecutors never would say Rodriguez was “actually innocent,” which barred him from receiving a pardon and compensation from the state.

City Attorney Arturo Michel, whose office defended the city, said officials would take a close look at the trial transcript to review questions of evidence and evaluate how the city would assess the case if it were retried before deciding whether to appeal.

“The jury was deadlocked on the issue of whether Lee Brown was deliberately indifferent,” he said. “That meant that they had difficulty coming to a conclusion on the evidence.”

One juror did tell attorneys for the city that the panel spent the majority of their deliberations discussing whether Brown had shown deliberate indifference. All eight declined to comment to the Chronicle.

Video on Release of Yogurt Shop Defendants Mike Scott and Robert Springsteen

2009-06-25T13:53:00.006-05:00

From the New York Times:

Mike Scott and Robert Springsteen, awaiting retrial in the 1991 slayings of four teenage girls at an Austin yogurt shop, were released from jail, while prosecutors search for a match to new DNA evidence that did not come from either of them. The original convictions of the men, Michael Scott and Robert Springsteen, were overturned. New DNA tests on evidence taken from the victims revealed the presence of an unknown male. Defense lawyers said that proved the innocence of Mr. Scott, 35, and Mr. Springsteen, 34. Prosecutors insisted that the DNA did not exonerate them and said that both still face capital murder charges. The order by Judge Scott Lynch of State District Court for the men’s release came in a hearing on Mr. Scott’s retrial. Prosecutors asked that the trial be delayed until 2010 while they try to determine the source of the DNA. Conditions of their release include avoiding contact with witnesses or the victims’ families.

Yogurt Shop Defendants Released from Jail Pending Trial

2009-06-24T12:49:00.003-05:00

The reporter does not mention it in the story below, but Robert Springsteen, one of the people released pending trial today, was originally sentenced to death. His death sentence had previously been changed to life after the U.S. Supreme Court banned executions of juvenile offenders.

From the Austin American Statesman:

State District Judge Mike Lynch this morning ordered yogurt shop murder defendants Michael Scott and Robert Springsteen released from jail pending trial after postponing Scott’s previously scheduled July 6 re-trial at prosecutors’ request.

Travis County prosecutors said they wanted more time to determine whose DNA was found in March 2008 in vaginal swabs taken from 13-year-old victim Amy Ayers. That DNA was later found in another teenage victim.

Defense lawyers for Scott opposed the request, saying they feared that prosecutors would use it to find additional evidence against their client.

Michael Scott’s wife, Jeannine Scott, said she is happy her husband is coming home after almost 10 years behind bars but nothing short of a dismissal of charges will satisfy her.

“It’s just another tactic, it’s another delay,” she said. “The evidence already shows they have the wrong men.

At a press conference, Travis County District Attorney Rosemary Lehmberg read from a statement that said, in part: “The reliable, scientific evidence in the case presents one, and one only, unknown male donor. Given that, I could not in good conscience allow this case to go to trial before the identity of this male donor is determined, and the full truth is known.

“I remain confident that Robert Springsteen and Michael Scott are both responsible for the deaths at the yogurt shop but it would not be prudent to risk a trial until we also know the nature of the involvement of this unknown male.”

Lehmberg was joined at the press conference by Police Chief Art Acevedo and other police and prosecutors.

“Of course I am concerned about their being at liberty,” she said. “I think they are guilty of horrible murders. But I ultimately believe that the successful prosecution of them hinges on making this decision.”

Lehmberg was joined at the press conference by Police Chief Art Acevedo and other police and prosecutors.

Acevedo said that he supports Lehmberg’s decision to seek a continuance in the case.

“We do believe we have the right suspects in custody,” he said.

After the press conference, Acevedo said his detectives are continuing to work the case, talking to friends and associates of defendants Scott and Springsteen to see if they know anything about the case.

“I told my investigators, our department strongly supports them” and will provide whatever resources they may need, Acevedo said.

Listen to "Sharon Killer" - the Song

2009-06-19T02:19:00.002-05:00

Visit the website of Possumhead to learn more about the band and listen to their other songs. Jennifer Mattingly is an Austin attorney who wrote the song "Sharon Killer". She recorded it with her band Possumhead. Jennifer is one of the people who signed on to our judicial complaint against Keller.

Sharon's trial on misconduct charges starts August 17 in San Antonio. See you there!

Sharon Keller's Trial to Be Held in San Antonio Instead of Austin

2009-06-18T14:05:00.002-05:00

Counsel for the State Commission on Judicial Conduct and Judge Sharon Keller have agreed to hold the trial of Judge Sharon Keller in San Antonio, instead of Austin. The trial will be held in the newly renovated courtroom of David Berchelmann, Jr, presiding judge of the 37th District Court, 100 Dolorosa, San Antonio, Texas 78205. Berchelmann has been appointed "special master" by the Texas Supreme Court to conduct the hearing on the charges against Keller.

Texas Moratorium Network filed one of the judicial complaints against Keller and that was co-signed by about 1900 people. We wrote the Commission and urged them to hold the hearing in Austin because "Austin is the capital, the CCA is located in Austin and Austin is more centrally located for people from all parts of Texas who may want to attend, including any people from North Texas who signed on to the complaint we filed with the State Commission". However, we were told that the agreement has already been reached with counsel.

The State Commission has also sent Judge Keller an amended notice of formal proceedings.

Agreed Scheduling Order Regarding Trial of Sharon Keller

First Amended Notice of Formal Proceedings Against Judge Sharon Keller

Write Clemency Letters for Kenneth Mosley - Execution Date July 16

2009-06-16T02:26:00.003-05:00

Two anti-death penalty activists, Britta Slopianka and Les Blough, wrote the following appeal on Axis of Logic. They explain that the lawyer for Kenneth Mosley is asking people to write the Texas Board of Pardons and Paroles and the Governor asking for clemency for Mosley, who has an execution date in Texas of July 16.

It is said that the ultimate heroic act is one of saving the life of another human being. There have been many celebrated stories of someone rushing into a burning building or diving into the water to save the life of another. Each of us has an opportunity to do our part to save the life of Kenneth Mosley. Unless we are successful, the State of Texas will kill Kenneth on July 16 in their death house in Huntsville. His attorney is filing a petition for clemency and has asked us to launch a letter-writing campaign on behalf of Kenneth. He provided us with information about Kenneth himself, his life and facts about his case.

Kenneth Mosley

Kenneth Mosley has an execution date of July 16, 2009. Please use the information below to write 2 letters, one to the Texas Board of Pardons and Paroles (BPP) and another toGovernor Rick Perry.

Make your best argument why the BPP should recommend clemency and why Governor Rick Perry should grant clemency. Please read the following information about Kenneth Mosley and send your letters to the (BPP) and Governor Rick Perry, respectively.

In this era of e-mail correspondence we no longer take time to write a traditional letter, either fax it or place it in an envelope, stamp and mail it. This letter writing campaign deserves that time and attention on the part of each of us. In addition to your letters, please call the Texas BPP and voice your appeal. Addresses, phone/fax numbers and a sample letter are provided below the following information about Kenneth and his case.

- Britta Slopianka, Columnist,
Abolition of the Death Penalty
and Les Blough, Editor
Axis of Logic

Clemency Campaign for Kenneth Mosley

Kenneth’s life was a life broken by an abusive childhood, racial trauma in school, untreated mental illness brought on by exposure to chemical pesticides; by a church that abandoned him because of his drug use, and by his inability to beat drug addiction. He was failed by his trial attorneys who failed to tell his story.

Mitigating evidence was everything in this case, and much was available, but none was presented at his trial. The prosecutor portrayed Kenneth as a one-dimensional criminal. His trial attorneys did nothing to dispel this illusion; or convey to the jury the complex circumstances that had led to the case; or to show that there was indeed reasonable doubt of intent to cause the death of Officer Michael Moore.
Kenneth suffers from frontal lobe impairment and diffuse brain injury as a result of extensive childhood exposure to neuro-toxic pesticides. Expert testimony confirms this frontal lobe impairment could have easily resulted in his erratic and aggressive behavior. This medical testimony was never presented to the jury nor was the fact that Kenneth suffered major depression and that his resort to cocaine often followed the expiration of his antidepressant medication. His trial lawyers did not even examine his medical records! They never informed the jury of the true root of his drug abuse allowing it to be attributed erroneously to moral failure. The failure of his lawyers allowed the jury to view Kenneth only as morally blameworthy rather than medically impaired.
As a child Kenneth was afforded none of the protection due a child.
He was brought up in a violent and chaotic household as evidenced in medical records at the time. He was his mother’s seventh son. His father, who was not the father of his older brothers, was strict, aggressive, and abusive. The family was poor and lived in farm hand quarters adjacent to soybean and cotton fields in Arkansas. Kenneth was working in the fields at age five. Crop dusters routinely dusted and sprayed the fields along with the living quarters with chemicals, pesticides, weed killers, and defoliants. On occasion, Kenneth and his brothers were intentionally chased and sprayed by the crop dusters. As a result, all of the brothers experienced headaches and other ailments and as experts have testified Ken was left brain damaged. When the family moved to a different part of the state, one of Kenneth’s brothers refused to move because of the violence and abuse in the home. Kenneth later regretted that he had remained. It was as a young boy that Kenneth had first been introduced to drugs by an older brother.
Kenneth attended a segregated grade school, but just before he began high school, schools were integrated, and he suffered directly during the civil rights era. However, he graduated from high school and attended one year of college at the University of Arkansas. Then he quit school and went to work as earning became an imperative.
Despite his deprived background Kenneth held down a good job for nearly 16 years with Coca-Cola Bottling Company. He advanced within the company and was regarded as a diligent and hard worker. During that time he met and married Carol to whom he is still married, and they have a daughter, Amber to whom Kenneth remains devoted. Kenneth lost his job because of his addiction and with his job went his medical insurance. Kenneth and his wife sought long and hard to get treatment for him but without insurance or money this was fruitless. Poverty, addiction and illness combined led Kenneth to a desperate situation, and despair led to crime.

Facts of the case:

On February 15, 1997, Kenneth Mosley went into Bank One in Garland, Texas to commit a robbery. He drew attention to himself by wearing clothes that witnesses testified were inappropriate for the weather. Additionally, because he had robbed this same bank previously, one of the tellers recognized him.
Bank employees notified the police, and Officer Michael Moore arrived on the scene. Officer Moore touched Mr. Mosley’s arm, words were exchanged, and a struggle ensued. Officer Moore and Mr. Mosley crashed through a plate glass window. Shots were fired during this struggle. When the turmoil subsided, witnesses saw that Officer Moore had been shot several times. Mr. Mosley attempted to leave but was apprehended and shot by another Garland Police Officer, Officer Murfee. Mr. Mosley testified in his own defense and denied that he intended to kill Officer Moore.
Intent, obviously, played a crucial role in the trial. Were all shots fired inadvertently during the struggle or did Mr. Mosley deliberately stand up and fire a final shot? Numerous witnesses presented varying testimony about the events that occurred - including whether Mr. Mosley appeared to intentionally shoot the officer, or not. The witnesses were in different places - some inside the bank, some outside the bank - and they varied both in what they saw and how many gunshots they heard.
The trace evidence analysts were unable to conclusively determine the distance of all the shots. In fact, many witnesses testified to seeing quite a struggle between Mr. Mosley and Officer Moore.

Kenneth Mosley continues to deny that he intended to cause the death of Officer Moore.

Please give a few minutes of your time to help save Kenneth Mosley's life. His is scheduled to be executed in 6 weeks. It's important that we begin our campaign today. Please send two (2) letters, one to the Board of Pardons and Paroles (BPP) and the other to Governor Rick Perry.

Your letter to the BPP should plead that they recommend that the governor grant clemency.
Your letter to the governor should plead that he grantclemency.

The following addresses and sample letters are provided below.

First Letter

Board of Pardons and Paroles
Executive Clemency Section
General Counsel's Office
8610 Shoal Creek Blvd
Austin, TX 78757
Phone: (512) 406-5852
Fax: (512)- 467-0945

SAMPLE LETTER

Feel free to send a copy of this letter or personalise it with your appeal in any way you can and mail or fax it to:

[Today's Date]
Rissie L. Owens, Chair, and Other Board Members
Texas Board of Pardons and Paroles
P. O. Box 13401
Austin, Texas 78711-3401

Re: Kenneth Mosley TDCJ Number 999243

Dear Member of the Board of Pardons and Paroles:

I am writing on behalf of Kenneth Mosley who is scheduled to be executed by the State of Texas on July 16, 2009. I have read about Kenneth's crime in which police officer, Michael Moore was killed. I have also read about Kenneth's life. I've read about his tragic childhood, abusive father, his frontal lobe impairment, his mental illness, his chemical dependency/addiction and resulting psychological problems.

Also, I am impressed by how Kenneth overcame these huge disadvantages by successfully completing high school and one year of college, his marriage and family and his 16 years of successful employment for Coca Cola Bottling Company. I write this with full understanding that this was not the first crime that Kenneth committed and that this was his second robbery of this bank. I've read how tragically, Officer Moore was killed in the struggle with Kenneth. But no act of revenge can bring Officer Moore back to his loved ones nor lessen the pain left by his death. Having considered all these factors, I am appealing to you as a human being and as a member of the Board of Pardons and Paroles to show mercy for Kenneth Mosley and recommend clemency to Governor Rick Perry. Please do everything you can to stop the execution of Kenneth Mosley on July 16, 2009.

Respectfully,

Your Name
Your City, State, Country

Second Letter

Governor Rick Perry
Office of the Governor
P.O. Box 12428
Austin, Texas 78711-2428

(main switchboard. office hours 8am to 5pm)

Phone: (512) 463-2000
Fax: (512) 463-1849

SAMPLE LETTER

Feel free to send a copy of this letter or personalise it with your appeal in any way you can and mail or fax it to:

[Today's Date]
Governor Rick Perry
Office of the Governor
P.O. Box 12428
Austin, Texas 78711-2428

Re: Kenneth Mosley TDCJ Number 999243

Dear Governor Perry:

Also, I am impressed by how Kenneth overcame these huge disadvantages by successfully completing high school and one year of college, his marriage and family and his 16 years of successful employment for Coca Cola Bottling Company. I write this with full understanding that this was not the first crime that Kenneth committed and that this was his second robbery of this bank. I've read how tragically, Officer Moore was killed in the struggle with Kenneth. But no act of revenge can bring Officer Moore back to his loved ones nor lessen the pain left by his death. Having considered all these factors, I am appealing to you as a human being and as the Governor of the State of Texas be merciful and grant clemency for Kenneth Mosley. Please grant clemency to Mr. Mosley and stop his execution, now scheduled for July 16, 2009.

Respectfully,

Your Name
Your City, State, Country

Thank you for doing your part to help save the life of Kenneth Moseley.

- Britta Slopianka and Les Blough

Photos of Paris France and Leipzig Germany Protests of 200th Execution

2009-06-16T01:41:00.002-05:00

If you can not see the photos below, click here for pictures of the protest in Paris France and here for the photos of the protest in Leipzig, Germany. In Leipzig, Amnesty International-Leipzig placed 200 white crosses and candles on the sidewalk leading to the U.S. Consulate to protest the 200th execution under Texas Governor Rick Perry. Leipzig is a sister city of Houston, Texas. Scott Cobb of TMN visited Leipzig in 2003 and participated in a panel discussion about the death penalty hosted by ai-Leipzig. 200th Execution protests were also held in several other cities in the U.S., Europe and Canada.

Find more photos like this on Protest Texas Governor Rick Perry's 200th Execution

Find more photos like this on Protest Texas Governor Rick Perry's 200th Execution

DMN Blog: "Try Not to Laugh" at Meyers' Assertion of Fairness on the Court of Criminal Appeals

2009-06-10T23:26:00.007-05:00

We are not the only ones who found it laughable that Judge Lawrence Meyers of the Court of Criminal Appeals issued a re-election press release claiming that the CCA has a reputation for fairness. The Dallas Morning News' Texas Death Penalty blog encouraged readers to "try not to laugh".

What I find funny about that statement is that he was so concerned with the court's reputation this spring that he made an unprecedented tour of newspaper editorial boards to talk about how wonderful the court is. He does not think the reputation is fair, but he made it clear that he knew there was a reputation problem.

What was even more fascinating about his visit was that he claimed that no one ever talked about Sharon Keller's unilateral decision to "close the court" instead of considering a last-minute appeal. That decision -- which the court itself addressed with changes in its rules -- has landed her in hot water, of course, and yet, according to Justice Meyers, no one on the court asked her about the decision at all.

Oh, and we're led to believe that the general counsel for the court, which told Keller it was OK to "close" on the night of an execution, just sorta retired.

Yes, the CCA has a reputation problem. No, Justice Meyers does nothing to help improve it.

Texas Death Sentence Changed to Life for Timothy Cockrell

2009-06-10T16:12:00.001-05:00

HOUSTON (AP) - A condemned inmate from San Antonio has had his death sentence commuted to life after the Texas Court of Criminal Appeals decided he was mentally impaired and ineligible for execution.

The ruling came Wednesday for Timothy Cockrell, who was convicted of the robbery-slaying of Sandra Deptawa, 35.

Answer the KXAN Poll: "Would you re-elect Judge Meyers" to the Texas Court of Criminal Appeals?

2009-06-10T13:39:00.002-05:00

KXAN has a poll asking if you would vote to re-elect Judge Lawrence Meyers to the Texas Court of Criminal Appeals.

The longest serving Judge on the Texas Court of Criminal Appeals, Lawrence “Larry” Meyers, announced yesterday that he is seeking re-election in 2010. The Court has been called a national laughingstock by one of its other members because of the actions of Sharon Keller and that was years before Keller made it even more of a laughingstock by closing the court in 2007 and refusing to accept a legal appeal from a person about to be executed. Currently there are no Democrats serving on the Court of Criminal Appeals, but we hope the Democrats persuade a strong candidate to run in 2010. It does not serve justice to have every member of any court to be all from the same political party.

Despite the poor reputation of the Court of Criminal Appeals, Meyers said in his press release, “I am seeking re-election to the Court to continue to be an objective voice and ensure that we maintain our reputation for delivering fair and just opinions,” said Meyers in announcing his candidacy for re-election.

In 2004, Texas Monthly's Mike Hall wrote in his article "And Justice for Some" about the CCA, "over the past ten years, the Texas Court of Criminal Appeals has disregarded exculpatory DNA evidence, threats of torture, bad lawyering, and in some cases, all common sense to uphold convictions in keeping with its tough-on-crime philosophy. Why should toughness steamroll fairness?"

Meyers is not the judge who unethically closed the court to a person on the day of his execution. That was Sharon Keller. But the upcoming trial on Sharon Keller in August may expose some of the behind the scenes operations of the Court that may not be helpful for any incumbent judges seeking re-election.

Unfortunately, Keller is not up for re-election in 2010. If she had to face the voters now, she would probably lose. She may be removed before her term expires after her trial on misconduct charges. Even though Keller's name will not be on the ballot in 2010, she may become an issue in the re-election campaigns of any CCA incumbents who are on the ballot. The Court of Criminal Appeals needs some fresh faces to restore integrity to the court. The question is will the Democrats run a strong candidate for the Court. Even if the Democrats find a strong candidate for the Court, that candidate will need the help of a strong Democratic candidate for governor because most CCA elections reflect the outcomes of the gubernatorial race. In 2010, a strong Democratic CCA candidate could win even if the Democratic gubernatorial candidate loses, as long as the governor's race is not a blowout.

CCA Judge Announces Re-Election Bid Falsely Claiming Court Has "reputation for delivering fair and just opinions"

2009-06-09T23:04:00.007-05:00

The longest serving Judge on the Texas Court of Criminal Appeals, Lawrence “Larry” Meyers, has announced he is seeking re-election in 2010. The Court has been called a national laughingstock by one of its other members because of the actions of Sharon Keller and that was years before Keller made it even more of a laughingstock by closing the court in 2007 and refusing to accept a legal appeal from a person about to be executed. Currently there are no Democrats serving on the Court of Criminal Appeals, but we hope the Democrats persuade a strong candidate to run in 2010. It does not serve justice to have every member of any court to be all from the same political party.

Despite the poor reputation of the Court of Criminal Appeals, Meyers said in his press release, “I am seeking re-election to the Court to continue to be an objective voice and ensure that we maintain our reputation for delivering fair and just opinions,” said Meyers in announcing his candidacy for re-election.

In 2004, Texas Monthly's Mike Hall wrote in his article "And Justice for Some" about the CCA, "over the past ten years, the Texas Court of Criminal Appeals has disregarded exculpatory DNA evidence, threats of torture, bad lawyering, and in some cases, all common sense to uphold convictions in keeping with its tough-on-crime philosophy. Why should toughness steamroll fairness?"

Meyers is not the judge who unethically closed the court to a person on the day of his execution. That was Sharon Keller. But the upcoming trial on Sharon Keller in August may expose some of the behind the scenes operations of the Court that may not be helpful for any incumbent judges seeking re-election.

Unfortunately, Keller is not up for re-election in 2010. If she had to face the voters now, she would probably lose. She may be removed before her term expires after her trial on misconduct charges. Even though Keller's name will not be on the ballot in 2010, she may become an issue in the re-election campaigns of any CCA incumbents who are on the ballot. The Court of Criminal Appeals needs some fresh faces to restore integrity to the court. The question is will the Democrats run a strong candidate for the Court. Even if the Democrats find a strong candidate for the Court, that candidate will need the help of a strong Democratic candidate for governor because most CCA elections reflect the outcomes of the gubernatorial race. In 2010, a strong Democratic CCA candidate could win even if the Democratic gubernatorial candidate loses, as long as the governor's race is not a blowout.

Bob Ray Sanders on the 200th Execution Under Rick Perry

2009-06-06T22:00:00.002-05:00

Bob Ray Sanders devotes his Sunday column to the 200th execution under Governor Rick Perry. Here are a few excerpts:

Last Tuesday, as the state of Texas prepared to execute Terry Lee Hankins, people gathered in several U.S. cities and on two continents to mark a milestone in Rick Perry’s tenure as governor.

Hankins, by no means a sympathetic character because of his gruesome crimes, became the 200th person to be executed in Texas since Perry has been in office. He was the 16th to be put to death by the state this year.

To mark the occasion, anti-death penalty protests were held in Huntsville; Austin; Houston; Albuquerque, N.M.; Paris; and Leipzig, Germany (TMN Note: Montreal, Canada and Brussels, Belgium too)

Texas is notorious throughout the world for the number of executions it carries out each year, raising fears that the state has made mistakes and that innocent people likely have been killed in the death chamber.

He also mentioned one of the speakers at the Huntsville protest that came down from Nacogdoches.

One of the speakers at the Huntsville protest last week was Jerry Williams, a sociology professor at Stephen F. Austin State University, whose sister was beaten to death on Mother’s Day morning in 1985. Her assailant was given life in prison, but was released on parole after serving 15 years in prison.

"I hated him," Williams said. "I wanted to see him die. I wanted to see him suffer in prison. And I thought justice would be done only in that way. But what I realized over time was that my hate really diminished me. It damaged me and did nothing for him."

To watch a YouTube video of Williams speaking in Huntsville, click here.

He also reports on a report from Amnesty that said:

Texas, where about seven percent of the U.S. population resides, and where fewer than 10 percent of murders occur, has accounted for 37 percent of the country’s executions since 1977, and 41 percent since 2001, when Governor Perry came into office."

It went on to point out, "There were 152 executions in Texas during the nearly six years of the [George W.] Bush governorship (1995-2000). Now looming is the 200th execution during Rick Perry’s term in office. The combined total of more than 350 executions in Texas under these two governors represents 30 percent of the national total since executions resumed in the USA in 1977. Virginia is ranked second to Texas in executions. In 30 years, Virginia has killed 103 people in its death chamber, half the number put to death in Texas in eight. This is geographic bias on a grand scale.

He ends with:

"How many of the 200 people executed under Perry’s watch were innocent?" asked Scott Cobb, president of Texas Moratorium Network, which helped organize the protests. "Perry could have taken a large step to reduce the risk of executing an innocent person if he had supported a moratorium on executions. Now, he may have to answer for the execution of Todd Willingham, who most likely was innocent of the arson/murders for which he was executed in 2004."

Below are a few videos from the Huntsville protest.