In this edition:
Scheduled executions: Texas set to execute Arthur Burton on August 7, 2024
Spotlight on innocence cases: Robert Roberson may become the first person executed in the United States under the debunked shaken baby hypothesis unless we act now
In case you missed it: New report reveals Texas’s “junk science law” is not living up to its promise, particularly for people on death row; journalist reflects on witnessing an execution
Upcoming events: Membership luncheon in Austin on August 21; TCADP Book Group meeting on September 4
Are you a Partner for Justice? Set up a recurring donation to TCADP today for access to exclusive programs!
Quote of the month
The State of Texas has scheduled four executions over the next three months.
On August 7, 2024, Texas is scheduled to execute Arthur Lee Burton. Burton was convicted of assaulting and killing Nancy Adleman, a mother of three who was out jogging near her home in northwest Houston, in 1997. Burton was granted a new punishment hearing on direct appeal, but in 2002 he was again sentenced to death by a Harris County jury. He is one of nearly 300 people sentenced to death in Harris County since 1974; 133 of these individuals have been executed, more than any other state except Texas.
Based on the strategic decisions of the legal team, there are no specific requests for action in Burton’s case. In situations like this, we encourage you to express your general opposition to the death penalty by contacting the Governor’s Office and/or participating in a vigil on the day of the execution, if it appears likely to proceed. We will post any updates on Burton’s case on TCADP’s social media platforms.
To date this year, there have been 10 executions nationwide, including two in Texas. Ruben Gutierrez, who was scheduled for execution on July 16, 2024, received a rare stay from the U.S. Supreme Court just 20 minutes before the lethal injection process was set to begin. Gutierrez seeks DNA testing of crime scene evidence to prove he did not kill Escolastica Harrison in 1998.
Executions also have occurred in Alabama (three), Georgia (one), Missouri (two), and Oklahoma (two). On August 8, Utah is set to carry out its first execution since 2010, and Florida is set to carry out its first execution of the year on August 29.
Spotlight on innocence cases: Robert Roberson faces execution on October 17, 2024, for a crime that did not occur
If we do not act before October 17, 2024, Robert Roberson could become the first person executed in the United States based on the debunked and discredited shaken baby syndrome hypothesis.
Convicted in Anderson County, Texas in 2003, Roberson has spent more than 20 years on death row for a crime that never occurred. There is overwhelming new scientific and medical evidence that his chronically ill two-year-old daughter, Nikki, died of natural and accidental causes.
Roberson’s innocence case has attracted support from eminent scientists and medical professionals, innocence groups, former federal judges, best-selling novelist John Grisham, and Brian Wharton, the lead detective who testified for the prosecution at trial but now believes that Nikki died of accidental and natural causes.
Brian Wharton and other supporters appear in the following video, which also features Roberson in his own words:
And in a remarkable opinion video produced by the New York Times,Wharton visits Roberson on death row to apologize for the role he played in Roberson’s wrongful conviction.
Here are three things you can do right now to support Roberson:
1. Add your name to the petition sponsored by the Innocence Project.
2. Spread the word through social media! Either repost from TCADP or the Innocence Project or use the templates provided in this toolkit.
3. Share the videos above with five friends.
Thank you for raising your voice to #SaveRoberson. Together, we will stop Texas from making an irreversible mistake.
New report finds Texas’s junk science law systematically fails to provide relief to innocent people convicted on the basis on false forensic evidence
In 2013, the Texas Legislature passed a groundbreaking new law that created a pathway for relief for individuals who have been convicted based on “junk science” or false or misleading scientific testimony. A comprehensive new study of Article 11.073—known as the “junk science law”—from Texas Defender Service reveals that 10 years later, the reality of this law has not lived up to its promise, particularly for people on death row. According to the report, no one on death row has received a new trial under the junk science law since its enactment, due in part to problematic interpretations by the Texas Court of Criminal Appeals. There are several other troubling findings for lawmakers to consider during the next legislative session.
In its coverage of the report, the Texas Tribune highlights the case of Robert Roberson, who his attorneys call “an exemplar of the cases the law was meant to target.”
Reflections from a witness to an execution
Journalist David Martin Davies, host of “The Source” on Texas Public Radio, reflected on his recent experience as a witness to the execution of Ramiro Gonzales. In a piece originally published by the San Antonio Express-News, he writes he was there “to be the eyes for Texans” to “the most extreme and brutal act that the state performs.”
TCADP’s summer lunch series for supporters in the Austin area will wrap up on Wednesday, August 21, 2024, when we’ll take a deep dive into the case of Robert Roberson. His dedicated attorney, Gretchen Sween, will answer your questions and share ideas for how you can support the campaign to stop his execution. Join us at the TCADP office in North Austin from 12:00 to 1:00 PM. Lunch will be provided; pre-registration is required.
The TCADP Book Group meets every six to eight weeks on Zoom and reads a mix of fiction, non-fiction, and memoirs. Our next selection is The Power of One, a novel by Bryce Courtenay. We will discuss the book on Zoom on Wednesday, September 4, 2024, at 7:00 PM CT. Register here.
Rise for Justice: 50 New Partners in 2024
Thanks to everyone who has joined the TCADP recurring donor program—Partners for Justice—since May! We’re still looking for 42 new Partners by World Day Against the Death Penalty on October 10, 2024.
Being a Partner for Justice helps TCADP plan our annual budget. Your monthly or quarterly donations fund educational materials, expert speakers at events, information tables at conventions and community festivals, and publication of the TCADP year-end report, among other initiatives.
Partners receive special recognition at TCADP events, as well as access to exclusive programming, including an upcoming virtual information session about the national strategy for abolition and the implications for Texas. We would love for you to join us for that exclusive event by becoming a Partner for Justice today!