death penalty news—–TEXAS

Dec. 14


Fewer Texas inmates sentenced to death—-The relatively new option of
life in prison without parole may be the biggest factor influencing
juries, but some observers think jurors are simply less willing to send
prisoners to death row.

While the debate over capital punishment rages in Texas, the number of
inmates sentenced to death row in 2009 is at a 35-year low.

Prosecutors have been pushing for fewer death sentences and, many
observers believe, juries have become less willing to give them.

The biggest game-changer, several prosecutors and defense lawyers said,
appears to be the introduction in 2005 of life without parole as an
option. Jurors in capital cases previously were responsible for choosing
either the death penalty or a life sentence in which a convicted killer
could be eligible for parole in 40 years.

"With life without parole being a viable option now, [juries] feel a lot
more comfortable that that person is not going to be let out back into
society," Tarrant County Dist. Atty. Joe Shannon said. "We are probably
waiving the death penalty more times than we used to because we're trying
to forecast the outcome of the case."

But because of the state's growing list of exonerations via DNA evidence
and other questionable convictions, some argue that juries are simply less
willing to send someone to death row.

Democratic state Sen. Eddie Lucio Jr., author of the life-without-parole
law, said prosecutors were trying to blame it for their troubles getting
Texans to trust a scandal-ridden system.

"It isn't life without parole that has weakened the death penalty," Lucio
said. "It is a growing lack of belief that our system is fair."

A poll from Rasmussen Reports released this month found that 73% of
Americans are at least somewhat concerned that some people may be executed
for crimes they did not commit. Numerous reports of death row inmates
being exonerated have surfaced in the U.S. in recent years.

In the 4 years since the introduction of life without parole, Texas death
sentences have dropped 40% compared with the 4 years earlier, state
records show. The number of slayings each year in Texas stayed largely
unchanged during that period, according to the Texas Department of Public

Texas juries sentenced 13 people to death in 2008. Nine have received
death sentences this year. That's a far cry from 15 years earlier, when
juries sent 49 people to death row.

With the new punishment option, prosecutors feel comfortable waiving the
death penalty in more cases, and defense lawyers are often more willing to
plea-bargain, according to lawyers on each side of the courtroom.

"You need a D.A. that's willing to offer life and a client willing to take
life," said Phil Wischkaemper, a capital assistance attorney for the Texas
Criminal Defense Lawyers Assn. "We're encouraging people to get these
cases worked out and pled."

Some, however, still believe that a capital murderer who avoids death row
gets off too easy.

"I think anyone that's convicted of capital murder should be executed,
period," said William "Rusty" Hubbarth, an Austin attorney and vice
president of Justice for All, a victims' advocacy group.

"I feel it's a deterrent. I feel it's justice. And I feel that it's
necessary. It's the ultimate sanction reserved for the ultimate

But in Texas murder trials in which prosecutors sought the death penalty,
the chances of the jury delivering that sentence dropped below 50% this
year, according to the Texas Defender Service, a nonprofit group that aids
defense teams in death penalty cases. Lawyers say the chance of a death
penalty conviction was much higher several years ago.

Scott Phillips, an associate professor of sociology and criminology at the
University of Denver, said death sentences have declined nationwide —
suggesting that the option of life without parole is just part of the
reason in Texas.

"People are obviously concerned about innocence," Phillips said. "People
are concerned about cost. . . . People are concerned about racial

In the recession, the higher costs of pursuing the death penalty have
become harder to ignore, and life without parole is a far cheaper

Death penalty trials are longer, with a punishment phase that takes more
time and appeals that typically go on for years.

Pursuing life without parole from the outset can save millions of dollars
in legal costs and settle cases quickly.

"You save a lot of money, a lot of time," said Bill Harris, a Fort Worth
defense lawyer who is president-elect of the Texas Criminal Defense
Lawyers Assn. "And you have a guarantee that this person will be
incarcerated for the rest of their life."

(source: Los Angeles Times)

***************** new execution date

Joshua Maxwell has been given a March 11 execution date; it should be
regarded as serious.

(sources: TDCJ & Rick Halperin)