Archive | execution

11 May 2015 ~ Comments Off on State of Texas scheduled to execute Derrick Charles

State of Texas scheduled to execute Derrick Charles

Barring intervention by the courts, Derrick Charles is scheduled to be put to death by the State of Texas tomorrow, Tuesday,  May 12, 2015. He was convicted of killing his 15-year-old girlfriend, Myiesha Bennett, her mother Brenda Bennett, and her grandfather, Obie Lee Bennett in 2002 in Harris County.

Charles was 19 years old at the time.  According to his attorneys with the Texas Defender Service (TDS), he has suffered from symptoms of severe mental illness throughout his life. Here are excerpts from a press release issued today by TDS:

Despite the extensive history of Mr. Charles’ severe mental illness and mental impairments, Texas state and federal courts have refused to authorize the resources Mr. Charles needs to undergo a complete neuropsychological evaluation designed to determine whether he is competent to be executed. Three psychologists have recommended, one as recent as March of this year, that Mr. Charles undergo such an evaluation. Mr. Charles has been deprived of his right to needed resources and time to determine if he is incompetent to be executed. …

Attorneys for Mr. Charles have filed two petitions for certiorari review in the Supreme Court of the United States, urging the Court to provide Mr. Charles’ legal team with both the time and resources to establish that the State of Texas’ execution is contrary to the United States Constitution.

Read more from TDS and from the Austin Chronicle.

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16 April 2015 ~ Comments Off on State of Texas executes Manuel Garza Jr.

State of Texas executes Manuel Garza Jr.

The State of Texas carried out its sixth execution of the year on April 15, 2015. Manuel Garza Jr., 34, was put to death for the 2001 murder of 37-year-old San Antonio SWAT Officer John “Rocky” Riojas.

Garza is among the 42 individuals convicted in Bexar County who have been executed.  This puts the county, which includes San Antonio, only behind Harris and Dallas Counties when it comes to executions in Texas.  No one has been sentenced to death by a Bexar County jury since 2009.

Read more about his case from the Huffington Post and The Guardian.

We appreciate everyone who participated in vigils last night.

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13 April 2015 ~ Comments Off on State of Texas executes Kent Sprouse

State of Texas executes Kent Sprouse

The State of Texas carried out its fifth execution of the year on April 9, 2015. Kent Sprouse, 42, was put to death for the 2002 murders of a 28-year-old Texas cop and a 38-year-old gas station customer.  Sprouse is one of only two executions from Ellis county. Read more about Sprouse from the Huffington Post.

We appreciate everyone who participated in vigils.

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11 March 2015 ~ Comments Off on State of Texas executes Manuel Vasquez

State of Texas executes Manuel Vasquez

The State of Texas carried out its fourth execution of the year tonight, putting Manuel Vasquez to death for the 1998 murder of 51-year-old Juanita Ybarra in San Antonio.  It was the 41st execution involving an individual convicted in Bexar County since 1982 and the 2nd this  year. Read more about Vasquez from the Texas Tribune.

News broke earlier this week that the Texas Department of Criminal Justice only has enough compounded pentobarbital to carry out this execution and one more scheduled for next week. According to the Associated Press, the agency “is scrambling to find a supplier to replenish its inventory of execution drugs” but will not disclose information regarding any potential sources.

We appreciate everyone who participated in vigils around the state today.

 

 

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13 February 2015 ~ Comments Off on Attorneys for Rodney Reed file new appeal

Attorneys for Rodney Reed file new appeal

Yesterday, attorneys for Rodney Reed filed a new appeal in Bastrop County based on new witness testimony and forensic evidence that supports their client’s innocence.  Reed is scheduled to be put to death by the State of Texas on March 5 for the 1996 murder of Stacy Stites.  Reed claims that he and Stites were romantically involved.  His supporters point to another suspect with a history of violence: Stites fiancé,  Jimmy Fennell, who is serving a 10-year prison sentence for raping a woman in his custody as a Georgetown police officer in 2007.

According to the Texas Tribune, three out-of-state forensic examiners who reviewed the case believe that Stites was likely killed hours earlier than previously thought and that her body was moved after she was killed. Terri Langford writes “If true, those findings significantly challenge the timeline prosecutors used to convict Reed of Stites’ murder during his 1998 criminal trial.”

On November 25, 2014 a state district judge in Bastrop County denied Reed’s request for expanded DNA testing of evidence in his case.

Reed’s attorneys also filed affidavits from two new witnesses who confirmed Reed’s affair with Stites.

Attorneys ultimately expect the Texas  Court of Criminal Appeals to consider this latest filing.

Read more from the Texas Tribune and the Austin American-Statesman.

Read a press release from the Innocence Project and take action to stop the execution of Rodney Reed.  Email the Texas Board of Pardons and Paroles and Governor Greg Abbott through an action sponsored by the Innocence Project.

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On Sunday, February 15th, the Friends Meeting of Austin will host a Press Conference and Meeting with Sister Helen Prejean in Support of Rodney Reed.  The event will take place from 2:00 PM until 4:30 PM at the Meeting House (3701 E MLK Blvd, Austin).  Sister Helen Prejean (acclaimed author of Dead Man Walking and TCADP Advisory Board member), Reed’s attorneys, and other Austin clergy are scheduled to speak. Family members of Reed and of Stacey Stites, will attend the event, as well. More information is available here.

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05 February 2015 ~ Comments Off on State of Texas executes Donald Newbury; Supreme Court stays execution of Lester Bower

State of Texas executes Donald Newbury; Supreme Court stays execution of Lester Bower

Last night the State of Texas carried out its third execution of the year, putting Donald Newbury to death for the 2000 murder of Irving Police Officer Aubrey Hawkins.  Newbury was serving a 99-year sentence for aggravated robbery with a deadly weapon when he and six other inmates broke out of the Connally Unit near Kenedy, Texas on December 13, 2000. The “Texas Seven” made their way to North Texas, where on Christmas Eve they robbed a sporting goods store at gunpoint and killed Officer Hawkins.

Two of Newbury’s co-defendants have already been executed, one committed suicide, and three others remain on death row. Read more from the Texas Tribune.

Texas accounts for three of the seven executions to date in the United States this year.

*Breaking news* The U.S. Supreme Court has issued a stay of execution to Lester Bower “pending the disposition of the petition for a writ of certiorari.” Bower was scheduled to be executed next week on February 10th for the shooting deaths of four men at an ultralight airplane hangar near Sherman in 1983.  Bower, a former chemical salesman with no prior criminal history, has consistently maintained his innocence.  He has spent more than 30 years on death row in Texas.

According to KXII News 12 in Sherman, attorneys for Bower presented three arguments to the Justices:

1. Whether the former Texas special issues for death penalty sentencing allowed the jury to consider mitigating evidence of good character;

2. Whether evidence disclosed by the state after the trial that the rare specialty ammunition prosecutors said Bower used to commit the murders was not really all that rare constitutes a due process clause violation of the 5th and 14th Amendments of the U.S. Constitution; and

3. Whether executing a defendant whom has served more than 30 years on death row constitutes cruel and unusual punishment, in violation of the 8th and 14th Amendments of the U.S. Constitution.

Bower’s trial took place before a U.S. Supreme Court ruling in the case of Johnny Paul Penry, which determined that jurors must be given an opportunity to consider mitigating evidence in the punishment phase of death penalty trials.  Dozens of people on death row in Texas have received new sentencing hearings as a result of that ruling.

Read more from KXII.

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29 January 2015 ~ Comments Off on State of Texas Executes Robert Ladd

State of Texas Executes Robert Ladd

Tonight, the State of Texas carried out its second execution of the year, putting Robert Ladd to death for the 1996 murder of Vicki Ann Garner in Tyler (Smith County).  Late this afternoon the U.S. Supreme Court rejected an appeal that evidence of Ladd’s intellectual disabilities should bar his execution, in accordance with the Court’s own ruling in Atkins v. Virginia (2002).  According to the Associated Press, “the court also rejected an appeal in which Ladd’s attorney challenged whether the pentobarbital Texas uses in executions is potent enough to not cause unconstitutional pain and suffering.”

In Atkins v. Virginia, the Court left it to each state to set forth criteria for determining whether an individual is intellectually disabled.  As a result, the Texas Court of Criminal Appeals determined its own, unscientific standards, known as Briseno factors, which were based in part on the character of Lennie in John Steinbeck’s novel Of Mice and Men.

Ladd’s execution occurred just two days after the State of Georgia put Warren Hill to death, in spite of evidence of his lifelong intellectual disabilities. Georgia’s standard requires proof of disabilities “beyond a reasonable doubt.”

Here’s the press release from the ACLU, which represented Ladd in his final appeals:

Texas Executes Intellectually Disabled Man, Violating Constitution
 
January 29, 2015
CONTACT: Alexandra Ringe, 212-549-2582aringe@aclu.org
 
NEW YORK – Robert Ladd, an intellectually disabled person with an IQ of 67, was executed tonight at 7:02 pm CT in Huntsville, Texas. His death violates the Supreme Court’s rulings that the Eighth Amendment prohibits executing the intellectually disabled as cruel and unusual punishment. In any other state Mr. Ladd would be considered ineligible for the death penalty because of his intellectual disability. 
 
Brian Stull, senior staff attorney with the ACLU’s Capital Punishment Project and Mr. Ladd’s attorney, had this comment:
 
“Texas aggressively pursued Mr. Ladd’s execution, despite the fact that our constitution categorically prohibits the use of capital punishment against persons with intellectual disability. Mr. Ladd, whose IQ was 67, was executed because Texas uses idiosyncratic standards, based on stereotypes rather than science, to determine intellectual disability. His death is yet another example of how capital punishment routinely defies the rule of law and human decency.  
 
“We are eager for a court to address the fact that Texas’ unscientific standards can’t be reconciled with the Supreme Court’s decision in Hall v. Florida, mandating that states must use universal medical diagnostic practices rather than inaccurate and self-invented methods for determining intellectual disability. However, no future ruling can undo the unconscionable fact that tonight Texas ended the life of an intellectually disabled man who deserved the protection of the Constitution.”

https://www.aclu.org/capital-punishment/texas-executes-intellectually-disabled-man-violating-constitution

Two executions are scheduled to take place in Texas next month.

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07 January 2015 ~ Comments Off on Texas schedules 13 executions, despite dwindling drug supply

Texas schedules 13 executions, despite dwindling drug supply

TCADP January 2015 Alert

In this edition:
Scheduled executions: State’s drug supply dwindling as legal challenges continue
TCADP 2015 Annual Conference: Register now for this important statewide gathering
In case you missed it: Outgoing Maryland Governor commutes death sentences
Upcoming events: TCADP seeks volunteers for Martin Luther King, Jr. Day celebrations
Year-end fundraising campaign: Thank you for your generous support for TCADP!

Scheduled executions
The State of Texas is scheduled to execute three people this month:

  • On January 21, Arnold Prieto is scheduled to be executed for the 1993 robbery and murders of Rudolfo and Virginia Rodriguez and Paula Moran, a family friend, at the home of the San Antonio couple.  Mr. and Mrs. Rodriguez were relatives of Prieto’s two companions, brothers Guadalupe and Jessie Hernandez.
  • On January 28, Garcia White is scheduled to be put to death for the 1989 stabbing deaths of Bonita Edwards and her 16-year-old twin daughters, Annette and Bernette, in their Houston home. He was convicted in 1996.
  • On January 29, Robert Ladd is scheduled to be executed for the 1996 murder of Vicki Ann Garner in Tyler (Smith County).

Attend a vigil in your community on the day of these executions. Information and updates on these cases will be available on our website and through Facebook and Twitter.

Although at least 10 additional executions are scheduled to take place in Texas by the end of May, records obtained from the Texas Department of Criminal Justice (TDCJ) last month revealed the state has only enough pentobarbital – the sole drug used in lethal injections here – for the first five executions of the year. According to TDCJ spokesperson Jason Clark, the department “continues to explore all options including the continued use of Pentobarbital or an alternate drug(s) in the lethal injection process.”

Further complicating matters, on December 11, 2014, State District Judge Darlene Byrne granted summary judgment in favor of three attorneys who filed a lawsuit last year seeking to force TDCJ to disclose the name of the drug supplier under the Texas Public Information Act.  Judge Byrne ruled that the name of the compounding pharmacy supplying lethal injection drugs for Texas executions must be released because it is public information. TDCJ is appealing the ruling.

TCADP 2015 Annual Conference
Register now for the TCADP 2015 Annual Conference, which will take place in downtown Austin on Saturday, February 21st. Take advantage of our pre-registration rates of $55 for TCADP members, $60 for non-members, and $25 for students. Rates will increase again after February 13th.

Our 2015 Keynote Speaker Tim Cole is a former district attorney with more than 20 years of experience in the courtroom. He was elected to four terms as 97th District Attorney (Archer, Clay & Montague Counties; 1993 to 2006) and served as assistant district attorney in the 271st District (Wise, Jack Counties; 2010-2014). He also served as Counsel to Governor Clements in 1990 and General Counsel for the Texas District and County Attorneys Association from 1988 to 1990.

The morning panel discussion will feature attorneys Jen Moreno and Brian Stull and will address these issues:

  • lethal injection challenges in Texas;
  • conservative concerns about the death penalty; and
  • public outcry about the innocent on death row.

Learn more about the conference, including details on our award winners, hotel information, and sponsorship opportunities.  Are you part of an organization or group that would like to share information about your work with conference participants?  Sign up to be a conference vendor or place an ad in our program.

In case you missed it
On December 31, 2014, outgoing Maryland Governor Martin O’Malley announced his decision to commute the sentences of the four men still on death row in that state. While Maryland abolished the death penalty in 2013, the law applied only to new cases. In re-sentencing the condemned men to life without parole, O’Malley said that leaving their death sentences in place would “not serve the public good of the people of Maryland — present or future.”

In an editorial, the New York Times called the Governor’s action “a mark of how quickly the death penalty debate in America has shifted.”

Thank Governor O’Malley for finishing the job of repeal through this action sponsored by Equal Justice USA.

Upcoming Events
We invite your participation in these events taking place in communities throughout Texas on Martin Luther King, Jr. Day, Monday, January 19, 2015:

  • In Austin, TCADP will sponsor a booth at the 21st Annual MLK Community Celebration at Huston-Tillotson University; the festival will take place immediately following the March until 3 PM. Contact Kristin at khoule@tcadp.org if you would like to help with our booth.
  • TCADP members in Houston will assemble at 9 AM at the corner of Hamilton and Chartres in downtown Houston and will march in the MLK Day parade, which starts at 10 AM.
  • In San Antonio, which hosts one of the largest MLK commemorations in the country, TCADP will sponsor an information booth at Pittman-Sullivan Park, 1101 Iowa St., starting at noon. Contact Kristin at khoule@tcadp.org if you would like to help TCADP Member Casey Magnuson, who is leading our activities that day.

Stay tuned for announcements about our bi-monthly luncheons in Austin, Dallas, Fort Worth, and Houston, among other upcoming events.

End-of-Year Fundraising Update
TCADP is immensely grateful to everyone who donated to our organization in 2014.  Responses to our year-end appeal topped all previous records and exceeded our goal of raising $20,000 in December!  We invite you to take your support to the next level by becoming a TCADP Partner for Justice or a Sustaining Member. Thank you!

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