Governor Perry Continues to Play Politics with Death Penalty Issue By Refusing to Accept Recommendation of BPP for Clemency for Robert Thompson

"Rick Perry continues to play politics with the death penalty. He should have accepted the recommendation of the Texas Board of Pardons and Paroles to commute the death sentence of Robert Thompson. It would not surprise me if Rick Perry one day replaces the members of the Texas Board of Pardons and Paroles who voted in favor of clemency for Thompson, just like he replaced his own appointees on the Texas Forensic Science Commission in the midst of their investigation into the Todd Willingham case. Rick Perry is using the death penalty issue to endear himself to right-wing voters in the upcoming Republican primary, but his actions do not reflect the priorities of mainstream Texans who are increasingly concerned about the fairness of the Texas death penalty system"

Cobb continued, "In an Orwellian application of language repurposing, Governor Rick Perry and many of his supporters would like the public to believe that people sentenced to death under the Law of Parties are "killers", but a "killer" is "one who kills", not "one whose accomplice killed". People such as Jeff Wood and Kenneth Foster, Jr, are not killers. They never killed anyone and in a fair system of justice, they should never have received death sentences".

There is widespread support in Texas for ending the practice of sentencing people to death under the law of parties. In the last session of the Texas Legislature, the Texas House of Representatives passed a bill (HB 2267 by Terri Hodge) that would have banned executions of people convicted solely under the Law of Parties. The Law of Parties provision of HB 2267 was taken out of the bill in the Senate Criminal Justice Committee after Governor Perry threatened to veto it if the bill was sent to him in the same form that it had passed the House. The revised version, which would have only required separate trials for co-defendants in capital trials, then died in the Senate when it did not come up for a vote on the floor before the deadline.

Two family members of a person on death row who was sentenced to death under the Law of Parties issued statements regarding Rick Perry's refusal to accept the recommendation of clemency for Robert Thompson. Jeff Wood remains on death row in Texas after receiving a stay in 2008 from a federal judge.

Terri Been, whose brother Jeff Wood is on Texas death row convicted under the Law of Parties said "I must say that I was surprised to hear that the Texas Board of Pardons and Paroles grew a conscious and voted in favor of clemency for Robert Thompson, since they unanimously voted for the execution of my brother, Jeff Wood, who was also convicted under the law of parties despite the fact that he is factually innocent of murder. However, I was not surprised to hear Perry didn’t jump on board the clemency train as the man has no sense of true justice. After all, it was Perry who killed House Bill 2267, which would have ended the death penalty as a sentencing option for those who never committed murder. It is a very sad day, and I grieve not only for Robert Thompson, his family and for the family of the victim killed by Thompson's accomplice, but I grieve for the lack of hope that I feel because of Governor Perry’s latest decision. To kill is wrong, but to kill someone who was not convicted of actually killing anyone is INJUSTICE in the simplest form".

Gavin Been, nephew of Jeff Wood and president of Kids Against the Death Penalty said, "KADP members mourn for Robert Thompson and for the injustice taking place in Texas today. Governor Perry strikes again by condemning another person to death who is factually innocent of murder, and we are appalled that our fellow citizens continue to turn a blind eye to Perry’s mismanagement of power. We know that Texans favor “tough on crime” laws, but we were taught that laws and punishment were supposed to be equal and fair. How is it fair that people like, Jeff Wood, or in this case Robert Thompson, who are factually innocent of murder, should face execution while there are REPEAT offenders of murder and rape in general population, who have the right to be paroled, and are given a second chance? To sentence a person to death who never committed a murder is NOT justice; it is murder itself, and Mr. Perry should be ashamed of himself for allowing another murder to take place".

Attorneys File motion Asking Court of Criminal Appeals Judge Sharon Keller be recused from any participation in Stay Request of Danielle Simpson

From the Palestine Texas Herald Press:

Late Tuesday afternoon, Simpson's attorneys David R. Dow and Katherine C. Black filed a postconviction writ of habeas corpus; a motion for a stay of execution; and a motion asking Court of Criminal Appeals Judge Sharon Keller be recused from any participation in the case.

Dow and Black are attorneys for the Texas Defender Service and their motion on Simpson's behalf alleges the judge "has made disparaging statements about TDS" in the past, which they say compromises "her ability to rule impartially in a case involving a party represented by the TDS."

From the Houston Chronicle:

A condemned prisoner who volunteered for execution but in recent weeks changed his mind hoped a court would spare him from a trip to the Texas death chamber Wednesday evening.

Danielle Simpson, 30, was set to die for the abduction-slaying of an 84-year-old east Texas woman who was weighted down with a cinder block and thrown into a river.
Simpson this year won approval from a federal court that he was competent to decide to drop his appeals. Then he reversed himself and allowed lawyers to try to save him from lethal injection.

He'd be the 22nd Texas prisoner to die this year.

Simpson told The Associated Press earlier this month from death row he was innocent, it wasn't his choice to volunteer for execution and Texas prisons were "pitiful."

He was condemned for the murder of Geraldine Davidson, a former school teacher and church organist abducted nearly 10 years ago during a burglary of her home in Palestine, about 100 miles southeast of Dallas.

Attorneys representing him argued to the federal courts Simpson is mentally impaired, incapable of deciding whether to drop his appeals and offered his repeated reversals as proof.

They also wanted permission to appeal a lower court's determination that Simpson is not mentally impaired and challenged the elimination of two black people from consideration to serve on Simpson's trial jury. Simpson is black. There were no blacks on the jury that convicted him and decided he should be put to death.
Simpson earlier sent a federal court a handwritten motion in which he said he was "tired of being in a institution that's unjust, degrading, and corrupted" and was ready to die.

A federal judge found Simpson had "a mental disease, disorder or defect" but was able to understand his legal position and competent to choose to die.

Don't let Texas execute someone without the Governor receiving phone calls or emails protesting the execution. In the past, we have done public information requests and discovered that for some executions, very few people call to protest, so it is important to call every time. They keep a tally. Call the Governor and leave a voice message at 512 463 1782 or email him through his website at http://governor.state.tx.us/contact.

Members of various groups, including Texas Moratorium Network, Students Against the Death Penalty, Campaign to the End the Death Penalty, Kids Against the Death Penalty and the Texas Death Penalty Abolition Movement participate in vigils and protests on the day of each execution in Texas. The protests are held in various cities, including Huntsville and Austin. The protest in Austin is at 5:30 pm on the sidewalk in front of the Texas Capitol facing Congress Avenue at 11th Street.

Breaking News: Board of Pardons and Paroles Recommends that Governor Perry Commutes Death Sentence of Robert Thompson

Call the Governor and leave a voice message at 512 463 1782 or email him through his website at http://governor.state.tx.us/contact. Urge him to accept the recommendation of the Texas Board of Pardons and Paroles to grant Robert Thompson clemency and commute his sentence to life. The execution is currently scheduled for Thursday, November 19.

From the Houston Chronicle:

The state pardons board today recommended that Houston killer Robert Thompson's scheduled Thursday execution be commuted to life in prison after his lawyer successfully argued that he was not the triggerman in a December 1996 convenience store robbery-murder.

Gov. Rick Perry, who has only once in his tenure as chief executive voluntarily commuted a death sentence, was expected to rule on the case tonight or tomorrow.

“I'm too scared to be optimistic,” said Thompson's attorney Pat McCann, “but Perry has been receptive to law of parties cases.”

Thompson was sentenced to death in a law of parties case stemming from the slaying of Mansoor Rahim in a Dec. 5, 1996, robbery of a Braeswood Boulevard convenience store. Thompson's partner in the crime, Sammy Butler, fired the fatal shot, but was sentenced only to life in prison.

Under the state's law of parties, all participants in a crime are held fully responsible and can be assessed the death penalty.

Perry's office did not immediately respond to queries about when the governor might decide the case, but McCann said the governor's legal counsel advised him a decision likely would come tonight or tomorrow.

Three Executions in Three Days in Texas, Starting Today

Texas is set to execute three people in three days starting today, November 17.

The first is Gerald Cornelius Eldridge, who is mentally ill and has an IQ of 72. Eldridge, 45, was sentenced to death for the 1993 shooting deaths of his former girlfriend, Cynthia Bogany and her nine-year old daughter Chirissa in Houston.

The second is a man named Danielle Simpson, sentenced to death for the murder of 84-year old Geraldine Davidson.

On Thursday, Robert Thompson is scheduled for execution. He was convicted and sentenced to death under the Law of Parties, even though it was his accomplice who fired the bullet that killed the victim. The accomplice was sentenced to life.

Call Governor Perry at 512 463 1782 to protest these executions or contact Perry by email through his website.

Members of various groups, including Texas Moratorium Network, Students Against the Death Penalty, Campaign to the End the Death Penalty, Kids Against the Death Penalty and the Texas Death Penalty Abolition Movement participate in vigils and protests on the day of each execution in Texas. The protests are held in various cities, including Huntsville and Austin. The protest in Austin is at 5:30 pm on the sidewalk in front of the Texas Capitol facing Congress Avenue at 11th Street.

Pending U.S. Executions

2009

November
17th ~ Larry Bill Elliott (Virginia)
http://www.vadp.org/alerts/execution-alerts/october-5th-execution-date-set-for-larry-elliott.html

17th ~ Gerald Eldridge (Texas)

18th ~ Danielle Simpson (Texas) - Volunteer

19th ~ Robert Thompson (Texas)


December
2nd ~ Cecil Johnson, Jr. ( Tennessee)
http://www.tcask.org/

3rd ~ Bobby Woods (Texas)

8th ~ Kenneth Biros (Ohio) STAY RECEIVED!!!
Kenneth Biros receives an indefinite stay from the U.S. District Court. Mr Biros was scheduled for execution on December 8, 2009 for the death of Tami Engstrom from Hubbard. Mr. Biros was previously issued a U.S. court stay from his March 20, 2007 execution date.

9th ~ Devin Banks (Tennessee)
http://www.tcask.org/

11th ~ Eric Wrinkles (Indiana)
http://www.iicacp.org/Wrinkles.html

2010

January
7th ~ Vernon Smith (Ohio) - FKA - Abdullah Sharif Kaazim Mahdi
http://ohioanstostopexecutions.blogspot.com/

7th ~ Gerald Bordelon (Louisiana) Volunteer
The Governor
Louisiana Governor Mike Foster
PO Box 94004
Baton Rouge, LA
70804 USA
Phone: (225) 342-7015
Fax: (225) 342-7099
Email: lagov@linknet.net

12th ~ Gary Johnson (Texas)

14th ~ Julius Young (Oklahoma)
http://www.ocadp.org/alerts.htm

February
4th ~ Mark Brown (Ohio)
http://ohioanstostopexecutions.blogspot.com/

24th ~ Hank Skinner ( Texas)
http://www.hankskinner.org

March
2nd ~ Michael Sigala (Texas)

9th ~ Lawrence Reynolds (Ohio)
http://www.ohiocathconf.org/I/DP/OnReynolds.pdf

30th ~ Franklin Alix ( Texas)

April
20th ~ Daryl Durr (Ohio)
http://ohioanstostopexecutions.blogspot.com/

May
13th ~ Michael Beuke (Ohio)
http://ohioanstostopexecutions.blogspot.com/

June
10th ~ Richard Nields (Ohio)
http://ohioanstostopexecutions.blogspot.com/

If You Hire an Attorney, You Won't be Sentenced to Death

If you hire a lawyer, the chances are you won't be sentenced to death in Houston.

University of Denver Criminologist Scott Phillips reviewed 504 capital indictments over three decades in Harris County, Texas, and found that defendants who hired lawyers for the entire trial were never sentenced to death -- and were more likely to be acquitted.

The results of his study, published over the summer in the Journal of Criminal Law & Criminology, are truly stunning. Since nearly all defendants facing the death penalty in Harris County were poor, Phillips argues that his results further demonstrate the arbitrariness of capital punishment. If a defendant's family and community is able to pool resources to hire an attorney, the paid attorney might be better equipped to investigate a case or to bring bargaining power to the table against a district attorney.

He makes clear that his findings aren't an indictment of appointed attorneys, but of the system that straddles those attorneys with thin resources in a death penalty case. Something clearly went wrong for results this drastic.

Phillips also came up with some significant findings on race and capital punishment, which he published in the American Constitution Society's journal, Advance.

Phillips found that the race of a defendant played a significant role in whether he or she was charged with death. This is no surprise to people following capital punishment issues, of course, but Phillips makes some interesting recommendations for prosecutors' offices to avoid this disparity. He praises the Harris DA's office for eliminating the race of a defendant from the memo used to determine whether to seek the death penalty. Other markers, however, still indicate race and play a role in the decision, he says.

Phillips suggests that prosecutors' offices go further than just removing race -- they need to "be vigilant" and remove victim information, neighborhoods, school names and other possible identifiers. This is a commendable -- but unrealistic -- idea.

Phillips' research is important, but I believe it further proves that the death penalty is cruel and unusual. I don't think it's possible to remove the arbitrariness of race, socioeconomic background or myriad other factors that lead the most vulnerable to our death row. Abolishing capital punishment is the only way to address the inherent injustice in the system.

Via ACSblog and Dallas Morning News Crime Blog.

STARVIN' FOR JUSTICE 2010

June 29 through July 2, 2010

17th Annual Fast & Vigil

to Abolish the Death Penalty

at the U.S. Supreme Court

in Washington, DC

Read the who, what, when, where, why and how of this important annual abolitionist event by visiting our website.

The four-day Fast & Vigil takes place on the sidewalk in front of the U.S. Supreme Court, considered by many to be the heart of the legalized killing machines in this country.

This is a great experience and training ground for people who want to practice, or become very adept, at talking about the death penalty. Tens of thousands of tourists, from all over the U.S. and throughout the world, pass by our vigil and table, so the opportunity for dialogue and discussion at a real grass-roots level is invaluable to the movement.

In addition to the strong public witness, this is an excellent opportunity to meet other abolitionists and to "recharge your batteries" while engaging in public outreach and maintaining a physical presence at the Court.

As always, the liquid-only fast is optional, although many do participate and build community around it. This year, the small voluntary registration fee of $20 also includes a free t-shirt and a stainless steel water bottle. Housing within walking distance of the Court is provided at little or no cost. And since this event is a fast, meals are cheap! The only cost to participants is travel to Washington, DC. And even that can be covered by getting your own local sponsors through the pledge sheet on the website.

Please contact us to register, sponsor, or find out more.

The Abolitionist Action Committee can be reached at 800-973-6548 or aac@abolition.org.

The Abolitionist Action Committee (AAC) has held a four day vigil at the Supreme Court every summer since 1993, from the dates of June 29 to July 2, to mark two very important court decisions about the death penalty. The AAC is an ad-hoc group of individuals committed to highly visible and effective public education for alternatives to the death penalty through non-violent direct action. Visit them online at www.abolition.org.

Viewpoint: Postponed justice

"Postponed Justice" is the title of Jillian Sheridan's editorial in the Daily Texan.

The Texas Senate Committee on Criminal Justice held a hearing yesterday to talk with the Texas Forensic Science Commission’s new chairman, John Bradley. They discussed, among other things, whether or not Bradley is serving as a political pawn for Gov. Rick Perry and whether Bradley plans to resurrect the commission’s controversial investigation into the science used to convict and execute Cameron Todd Willingham.

Perry appointed Bradley to the commission this fall, abruptly replacing his former appointees two days before the commission was set to hear a report from nationally recognized arson expert Craig Beyler. Austin criminal defense attorney Sam Bassett, the forensic science commission’s former chairman, says the commission has paid Beyler approximately $30,000 to review the science used in Willingham’s case, according to the publication Texas Lawyer. Beyler had determined that science was used inappropriately to reach a conviction.

Bradley promptly canceled the hearing, indefinitely postponing the commission’s conclusion on the Willingham case.

Not surprisingly, senators questioned whether Perry is using Bradley to postpone action on the Willigham case, likely until after the March 2010 gubernatorial primary.

Bradley’s response: “I don’t see myself as being someone else’s political pawn. And I don’t think you’ve ever seen that I behaved that way.”

Yet Bradley is in no hurry to hear from Beyler or to focus his commission on the controversy, though he does promise to take it up again some time in the future. Instead, he is calling those who want to move the investigation forward agenda pushers.

In a Dallas Observer editorial, Bradley wrote, “Those with agendas other than the advancement of forensic science have made exaggerated claims and drawn premature conclusions about the case. The commission can only ask that the public be patient and permit the commission to apply a disciplined, scientific approach to the investigation. That kind of work takes time, careful deliberation and is not likely to result in a simplistic report.”

But the commission had already dedicated years, and tens of thousands of dollars, to conducting an in-depth investigation. Apparently, Bradley is ready to throw out its efforts.
The former commission was ready to wrap up the Willingham case. Bassett told Texas Lawyer that before he was replaced, he had asked the governor’s office to allow him to remain on the commission for another two-year term. “I wanted to finish the work we started,” he said.

But political machinations are now suppressing that work and the case. Bradley has announced that his first priority will be establishing clear policies and procedures and that he may call a meeting to address housekeeping matters in January.

But the commission is unlikely to come to any conclusions on the science that resulted in the Perry-sanctioned execution of Willingham anytime soon ­— and certainly not before the March primary.

And when the commission eventually does consider the case, Bradley will be careful to avoid any suggestions of Willingham’s guilt or innocence. “The commission has to be very careful about the process that it develops so that we keep the focus ... on forensic science and not on the criminal case,” Bradley told The Dallas Morning News.

Bradley may claim that he is not a pawn of the administration, but the evidence suggests otherwise.

John Bradley's Use of Misinformation to Push His Political Agenda

Yesterday, John Bradley, the new chair of the Texas Forensic Science Commission, testified to the Senate Committee on Criminal Justice. The question is whether Bradley's testimony to the committee or any comments he gives to the media can be trusted. Based on the statements he gave to the media during the last session of the Texas Legislature regarding the Law of Parties bill, Bradley seems to be comfortable using hyperbole if not outright propaganda-like misinformation to push his own political agenda.

In the last session of the Texas Legislature, the Texas House of Representatives passed a bill (HB 2267) that would have banned executions of people convicted solely under the Law of Parties. The Law of Parties provision of HB 2267 was taken out of the bill in the Senate Criminal Justice Committee after Governor Perry threatened to veto it if the bill was sent to him in the same form that it had passed the House. The revised version, which would have only required separate trials for co-defendants in capital trials, then died in the Senate when it did not come up for a vote on the floor before the deadline.

In a post from May 22, 2009, TMN wrote on its blog about the concern that the Law of Parties had been scuttled "based on misinformation and misunderstanding about the Law of Parties and about HB 2267."

The reason for TMN's concern was a quote in the Austin American Statesman from Williamson County Attorney John Bradley. He said in the Austin American-Statesman: "To exempt all defendants in capital cases because they didn't pull the trigger "is irrational," said Williamson County District Attorney John Bradley. "Under that reasoning, Hitler, Osama bin Laden and Charles Manson could never get the death penalty. You have to look at the facts of each case ... whether their participation merits holding them culpable".

The problem with Bradley's comments is that people like Hitler, Manson and Osama bin Laden would not have been prosecuted under Section 7.02(b) of Texas' Law of Parties, which is the section that would have been affected by HB 2267. Furthermore, for those people who are and would continue to be prosecuted under section 7.02 (b) (again not Hitler, Manson or bin Laden), HB 2267 would still have held them culpable, it just would have limited the maximum punishment for non-killers convicted solely under that section to life in prison without parole.

HB 2267 said

A defendant who is found guilty in a capital felony case only as a party under Section 7.02(b), Penal Code, may not be sentenced to death, and the state may not seek the death penalty in any case in which the defendant's liability is based solely on that section.

Bradley's statement was one of the most absurd, irresponsible comments by an elected legal professional trying to justify a political agenda that we have ever heard.

The Law of Parties in section 7.02 (b) says "If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy".

That section, together with Article 37.0711 of the Code of Criminal Procedure, allows the state to prosecute and sentence to death people who have no intent to kill and who in fact do not kill anyone, people like Kenneth Foster, Jr and Jeff Wood.

Section 7.02 (b) would not have applied to Hitler, Manson or bin Laden because those three did not conspire to commit one felony such as robbery and then someone was killed during the course of the robbery. Manson, Hitler and bin Laden conspired to commit murder, so they could have been prosecuted under other sections of the Law of Parties statute that would have remained unchanged by HB 2267. In fact, section 7.02 would have also remained unchanged under HB 2267, so people could still have been convicted under that section. They just would have received life without parole instead of death.

Law of Parties cases are very rare. There have been only 3 Law of Parties executions in Texas out of the total of 443 executions, which is less than one percent.

"Misinformation given out by an elected county attorney like John Bradley to push his political agenda is appalling. Bradley's past propaganda-like misinformation regarding the Law of Parties brings the reliability and trustworthiness of his testimony in today's hearing into question. The people of Texas should be concerned whether Bradley can be trusted to conduct an unbiased investigation into the scientific validity of the arson investigation and analysis methods used by prosecutors to convict and execute Todd Willingham", said Scott Cobb of Texas Moratorium Network.

Ehsan Fattahian was Hanged Early This Morning

Iran Human Rights, November 11: According to reliable sources in Iran, the Kurdish political prisoner Ehsan Fattahian was hanged in Sanandaj today.

The numerous campaigns by the local and international human rights groups to stop his execution did not give any result. He was executed in the prison of Sanandaj this morning.

Mahmood Amiry-Moghaddam, the spokesperson of Iran Human Rights said "Our thoughts go to Ehsan’s family and friends and all those who are struggling for abolition of death penalty worldwide. We condemn strongly Ehsan’s execution. Iranian leaders must know that hanging and torture will not solve their regime’s massive problems, and they will eventually be held responsible for their acts".