Thursday, October 19, 2006

Michael Johnson kills himself before execution

At 3:30 AM today Michael Johnson (# 999198) took his life in his "death watch" cell by slitting his throat. In his own blood, he wrote on the wall of the cell "I didn't do it."

Michael Johnson
, now 26 years old has been sitting on Texas’s death row since 1996 for a crime, which he did not commit! Not only did Michael claim his innocence but also more importantly he could prove it. His provable factual innocence came in the form of a signed confession from the real murder.

According to CEDP,
the confession was signed on 2/29/96, two months and eight days before Michael was sentenced to death on a capital murder charge. David Vest, the state’s star witness in Michael’s case, signed the confession. The confession was also signed by the Deputy District Clerk for McLennan County, the attorney for Mr. Vest, the Assistant Criminal District Attorney and the Presiding Judge in Michael’s case. A constitutional violation exists because the State withheld the confession by not including it in the “open file” discovery that it claimed was complete, and by sponsoring misleading and false testimony when it presented Mr. Vest as the star witness.

Tuesday, October 17, 2006

A titty bar, a lap dance and a Texas conservative judge

Cross-posted on TMN blog and Burnt Orange Report

We have written before about the poor judgement that Sharon Keller has shown as presiding judge of the Texas Court of Criminal Appeals. Check out the article below from The Dallas Observer in 1999. Seems poor judgement was part of her business life too.

After the article below appeared in 1999, Keller changed the name of her company that leased the property to the strip club from Sharon Batjer, Inc to Northwest JJJ and her elderly mother was made president of the re-named company. Did she retain an interest in the ownership of the renamed company, which continued to lease property to the strip club? We don't know, someone should ask her. While they are at it, they should ask her how many lap dances does she think had to be done in the club for the owner to pay her the monthy rent all those years the strip club was in operation.

Democrat attorney J.R. Molina is running against Judge Sharon Keller for the Court of Criminial Appeals.

Conservative Court of Criminal Appeals Judge Sharon Keller is landlord to a North Dallas topless bar

By Thomas Korosec
The Dallas Observer
Article Published Nov 18, 1999

A titty bar, $200 worth of beer and tequila shots, and a conservative Republican judge: a combo more volatile than atomic fission. The question is, Will the Texas GOP go thermonuclear when it learns one of its highest-ranking jurists, Court of Criminal Appeals Judge Sharon Keller, owns the building and property housing the Doll's House, a Dallas topless joint?

Keller's connection to the low-end strip bar emerged earlier this month when Flower Mound attorney S. Rafe Foreman asked that she be barred from hearing the appeal of one of his criminal clients because Foreman had sued the judge's property company in an unrelated case. Last year, Foreman filed suit against Keller's company, Sharon Batjer Inc., on behalf of a 16-year-old whose car was hit by a drunken driver who allegedly had consumed $200 worth of tequila shots and beer at the Doll's House one night in November 1997. Batjer is Keller's former husband's name, and corporate and court records say she is president and majority shareholder in the company.

Foreman dropped Keller's company from the suit and reached an out-of-court settlement with the bar's owners, Dimitri Papathanasiou and Solinka Inc., earlier this year, court records show. Keller, reached Friday in her court office in Austin, said Foreman's motion in the criminal case linking her to the bar was filed solely "to discredit me...I don't think it does."

The judge says she was "not particularly familiar" with the leasing of the property to the Doll's House. "Let me say it this way," Keller says. "I own a considerable amount of property. For the most part I am unfamiliar with the details of ownership and leasing and tenants and all that stuff. I did not know I owned that particular property. I don't know what my lease and tenant contracts are."

Sharon Batjer Inc., which was incorporated in 1985, owns only one piece of real estate in Dallas County, appraisal district records show. It's the Doll's House property at 6509 E. Northwest Highway, near its intersection with Abrams Road. It's valued on tax rolls at $1.3 million.

When asked how that constitutes widespread holdings with which she was unfamiliar, Keller replied: "That company is not my only asset." Keller says she is familiar with the fact that the bar is at that location, two doors down from her family's long-established business, Keller's drive-in hamburger stand. The subject of complaints from neighborhood groups over the years, the bar was the source of 17 police calls in the 12 months ending October 31, police records show. Police say one rape, two assaults, and four thefts were included in those statistics.

"Wow," Keller replied when told of those numbers. "I didn't know that." She says she doesn't plan to do anything in response to her ownership of the bar property becoming public. She says it is a legal business.

The outing of Keller's strip-bar interest was done through an anonymous mailing that reached the Dallas Observer last week. Keller called the distribution of the court papers a clear case of politics and accused Foreman of filing them for political purposes -- a charge Foreman denies. "I don't anticipate this will be a problem," Keller says. "I think people will see it as just an example of dirty politics."

Keller has laid the groundwork for a run at the position of presiding judge on the appeals court, which rules on all Texas death-penalty cases and sits as the state's highest court on criminal matters. (See "Dissed robes," page 15.) Keller, a former prosecutor who won a first term in 1994, must run next year to retain a seat on the court.

"I'm disappointed this is being distributed," Foreman says. "My client [in the initial civil suit] is a kid, and I haven't wanted his identity revealed. My sole motivation is the protection of my client in the criminal case before the appeals court. You don't want to have your client judged by someone you've sued."

Last year, Foreman brought a $4.5 million suit on behalf of Blair Marcus McAnally, a 16-year-old who sustained two broken legs and a broken arm in a collision the suit claimed was caused by James Key. The suit alleged that Key drank a large amount of tequila and beer at the Doll's House the night he ran his car into McAnally's and that the bar continued to serve him after he was obviously intoxicated. Foreman said that after he learned Keller's company had no control over operations of the bar, he dropped it from the lawsuit. He said the bar's lease with Keller's company, which was redone earlier this year, helped demonstrate that there was no control. "The lease isn't based on a percentage of table dances or drinks sold. It's for a flat amount of money," Foreman says.

Key's insurance company paid $20,000 in damages early this year, and Foreman reached a confidential out-of-court settlement with the bar's owners. Subsequently, Foreman began representing Timothy Paul Duke in a drunken driving case that landed in the appeals court in Austin. Keller removed herself from hearing Duke's appeal on October 28, but said it was unlikely she would have heard that case anyway. When he learned Keller owned the bar property, Foreman says, "I couldn't believe it. This is one of the most right-wing, conservative judges...Yes, it shocked me." Foreman says he found the Doll's House to be so forbidding, his private detective refused to go in.

Keller has a reputation as a pro-prosecution judge who has broken with the appeals court majority in several cases in which she refused to overturn death sentences. In 1996, for instance, the court majority cited prosecutorial misconduct dating back 20 years and ordered a new trial for Kerry Max Cook, who was accused of a 1977 murder of a Tyler secretary. (See "Innocence lost," The Dallas Oberver, July 15 and July 22.) Keller was one of three judges on the nine-member panel who voted to uphold Cook's conviction.

Monday, October 16, 2006

Jump to Stop Executions

After a few requests for the skydiving video, I decided to post it online. I hope you enjoy the video.

News Alert

Forum to focus on reinstating death penalty
Chetek Alert - WI, United States
... an upcoming advisory referendum that will appear on the November ballot concerning the State of Wisconsin and the possibility of reinstating the death penalty. ...

Death penalty being invoked against child molesters
Frost Illustrated - Fort Wayne,IN,USA
NEW YORK (NNPA)- Politicians in primarily southern US states have passed laws that expand the use of the death penalty to include repeat child sex offenders- a ...

Same-sex marriage ban, death penalty await voters
Spooner Advocate - Spooner,WI,USA
... November’s ballot includes two referenda: one imposing a death penalty and one prohibiting any recognition of the validity of a marriage between persons ...

Appeal heard in federal death penalty case
Boston Globe - United States
Lawyers for convicted killer Gary Lee Sampson urged an appeals court today to toss out his federal death penalty sentence, arguing that jurors rendered "an ...

Public defenders look for death penalty help
KATC - Lafayette,LA,USA
... Public defenders must have a special certification to handle death penalty cases. The New Orleans office, severely depleted of attorneys ...

Death-penalty reform falls short in Va., study finds
Richmond Times Dispatch - Richmond,VA,USA
... Washington Jr.," who was pardoned as a result of DNA testing in 2000, said Jack Payden-Travers, director of Virginians for Alternatives to the Death Penalty. ...

Saturday, October 14, 2006

Quote of the Week


«You will never hear another sound like a mother wailing whenever she is watching her son be executed. There's no other sound like it. It is just this horrendous wail and you can't get away from it ... That wail surrounds the room. It's definitely something you won't ever forget.»

-- Leighanne Gideon, former reporter for the Huntsville Item, who
has witnessed 52 executions, New York Times, 10/12/2000.

News Alerts

Spitzer, Faso spar over death penalty
Newsday - Long Island,NY,USA
... the New York political scene in 1994 as a "pragmatic liberal," the only Democrat among four running for attorney general who supported the death penalty in a ...

Fighting the death penalty Author carries on mission
The Journal News.com - Westchester,NY,USA
... Social Action. Schwarzschild was a longtime advocate for civil rights, racial justice and the elimination of the death penalty. ...

The Death Penalty's Invisible Victims
CounterPunch - Petrolia,CA,USA
... The debate surrounding the death penalty always fires up heated arguments between passionate advocates on both sides of the fence; crime prevention, lethal ...

National Death Penalty Archive Gains Significant New Documents
UAlbany Campus News - Albany,NY,USA
The National Death Penalty Archive at the University at Albany has gained significant additions to its collection of materials related to capital punishment. ...

Fix Florida's death penalty to assure justice done
Orlando Sentinel - Orlando,FL,USA
... The death penalty is an emotional and difficult issue. As a society, we sympathize with victims of capital crimes and their loved ...

India observes 'World Day Against the Death Penalty'
IRNA - Iran
Banners saying 'Abolish Death Penalty' were hung across rivers and candle light vigils were held in cities as human rights activists observed the 'World Day ...


Group rips death penalty
Daily Press - Newport News,VA,USA
... Virginia's death penalty system is flawed and not being administered fairly, according to a new study released Thursday by the ACLU of Virginia. ...

Rwanda moves to ban death penalty
BBC News - UK
The leaders of Rwanda's ruling party have endorsed a proposal to abolish the death penalty, which may encourage the transfer of genocide suspects in exile. ...

Monday, October 09, 2006

Executions avenge, but don't deter

Does the death penalty deter murders?
By RICK CASEY

Some studies say it does. Some have even quantified the effect, projecting that for each murderer executed anywhere from three to 32 would-be victims are saved.

Other studies disagree. The most recent, published in the current issue of the Texas Law Journal, features Texas and, in particular, Harris County in starring roles.

Read the article at chron.com

Sunday, October 08, 2006

Annother innocent man on Texas death row?

New evidence surfaces in bombing case
By MAX B. BAKER

Star-Telegram Staff Writer

Six years ago, Texas Death Row inmate Michael Toney made headlines when he tried to sell seats to his execution over the Internet.

But now Toney, convicted of blowing up three people in Lake Worth on Thanksgiving Day in 1985, may create another stir as he tries to avoid the death chamber for one of North Texas’ most notorious crimes.

The Texas Court of Criminal Appeals recently ruled that new evidence — including reports from the federal bureau of Alcohol, Tobacco, Firearms and Explosives discrediting the prosecution’s key witnesses — is sufficient to support Toney’s innocence claim and warrants another review by state District Judge Everett Young.

The Tarrant County district attorney’s office says that some of the claims have been made in previous appeals. But a defense attorney representing Toney says he is convinced that Toney is innocent.

“It’s one of the most egregious cases I’ve seen,” said Jared Tyler, an attorney with the Texas Innocence Network. “For me, there is not a shred of evidence that he did it.”

Toney, 40, was sentenced to death in 1999 for the briefcase bombing that killed Angela Blount, 15; her father, Joe Blount, 44; and her cousin Michael Columbus, 18.

The case had gone unsolved for a decade until Toney, who was in jail for another offense, told another inmate that he was hired to put the briefcase bomb at the mobile home. Investigators later presented evidence showing that Toney — who they said was to be paid $5,000 for the bombing — put it at the wrong trailer.

Toney always proclaimed his innocence and his efforts in 2000 to sell seats to his future execution to the highest bidder was part of a publicity stunt to attract attention to his case. The state forbade him to sell the seats.

Nicknamed “Cowboy,” Toney is a prolific e-mail correspondent, writing regularly not only to reporters but also to members of the jury that convicted him. He also has a Web site on which he proclaims his innocence.

“Lies got me sentenced to death for a crime I did not commit,” Toney writes on his Web site. “Since the charade of a Texas trial people have came forward and told me who killed the Blounts and why they did it.”

Tarrant County Assistant District Attorney Debra Windsor, who will defend her office in court, says the way the case is being presented by the defense attorneys involves more than questions about Toney’s innocence.

“It is actually an attack on this office,” she said.

Read the article online at Star-Telegram's website.

Tuesday, October 03, 2006

Quote of the week

«If we are not our brother's keeper, let us at least not be his executioner.»

--
Marlon Brando (1924-2004), American actor.

Sunday, October 01, 2006

AbolitionWear 12,000 feet above the ground

Last weekend I jumped off an airplane 12,000 feet above the ground wearing my Stop Executions Now shirt.



"Only skydivers know why the birds sing!"



Let AbolitionWear do the talking! Wear a T-shirt, sweatshirt, or a button and give the cashier, bank teller, or whomever else you encounter the chance to get the facts.

NCADP 2006: Abolition Rising

ncadp 2006 national conference
Abolition Rising
NCADP has extended the scholarship deadline for NCADP 2006: Abolition Rising conference. The deadline has been extended from Sept. 30 to Thursday, Oct. 5. Please note that scholarships may pay for conference registration OR for hotel accommodations.

To download a copy of the scholarship application, go here: https://web.raffa.com/ncadp/files/scholarship.doc


Friday, September 29, 2006

Why is the US turning away from the death penalty?

In yesterday's edition of the Taipei Times, Decca Aitkenhead explored the growing success of the anti-death-penalty lobby. Today, Aitkenhead discovers how the lobby must compromise on its rhetoric to win people over to its cause.

According to NCADP's David Elliot, "you see that the death penalty is literally withering on the vine."

You can read the two part article online:
Part One
Part Two

Wednesday, September 27, 2006

HowardGuidry.com is up!

Howard Guidry is facing execution for a crime he did not commit.

18 year-old Howard Guidry was forced by lying, intimidating police to confess to a crime he did not commit. With this forced confession as well as hearsay testimony from the suspected killer's girlfriend, the state of Texas locked up Howard for a crime he did not commit. Howard spent ten years on Texas death row, during which Howard educated himself, becoming a born again Afrikan, poet, Panther, and activist.

A comedy of errors has now put Howard on the track towards freedom. In 2003, federal judge Vanessa Gilmore threw out the "evidence" used to convict Howard and declared that the state of Texas had to retry or release him within 180 days.

Three years later, a thirty-year-old Howard is finally getting a re-trial for a murder the state still wants to pin on him, even though it has no evidence and no case.

"When a cause comes along and you know in your bones that it is just, yet refuse to defend it--at that moment you begin to die. And I have never seen so many corpses walking around talking about justice." - Mumia Abu-Jamal

TSADP dedicates www.howardguidry.com to the HGJC. The Howard Guidry Justice Committee, was formed as a solidarity group to win justice and freedom for Howard Guidry, and assist in the struggles of other inmates who have been victimized by the Texas criminal justice system. On this site you can learn more about Howard, understand the falsity of the state's case against him, read Howard and friends in their own words, and find out how you can help.

Get involved today in the fight to save Howard's life.

HowardGuidry.com is a service of Texas Students Against the Death Penalty's Online mobilization project.

Annual March to Stop Executions

Get on the Bus From Houston: Bus tickets are $20.00. Call or email TDPAM in Houston to reserve a seat or buy a ticket for a student, a senior or a person on fixed income who wants to go. AbolitionMovement@hotmail.com or call 713-503-2633.

Sunday, September 24, 2006

Cory Maye No Longer on Death Row!

CBS News blog, Public Eye has an interesting article about the Cory Maye's case and the power of blogosphere.

Read Radley Balko, who wrote for Reason an amazing and infuriating feature story about Cory Maye's unjust sentencing for shooting a police officer who burst into his home in the dead of night unannounced.

See Radley's blog on what happened at Maye's hearing this week. (Upshot: he will at least get a new sentencing trial.)

See Jim Henley explain, in ways Radley did not, why Radley deserves the credit.

And see Radley's detailed Reason feature from its October issue here.

For more information go to: www.mayeisinnocent.com

Friday, September 22, 2006

Tookie Williams Execution - Rough Cut


I was at San Quentin for the protest of Stanley "Tookie" Williams' execution. This is a rough cut with horrible audio but I wanted to get something up quickly. - J Buckley

Tuesday, September 19, 2006

Judge Sharon Killer seeks advice from public

In response to the The Houston Chronicle that Brandy Del Briggs is seeking to regain custody of the child she had lost custody of after she was "wrongfully" convicted of murdering her other child, Judge Sharon Killer is seeking advice from her blog readers.
I have come to expect the U.S. Supreme Court to overrule me and lower federal courts to overrule me, but this is too much. My very own court all turned against me. The vote was 8 to 1 and I lost. Everyone else thought this woman's conviction should be overturned, but not me. No one wanted to support me. I am the presiding judge and I get no respect on my own court.

What is the point of being the presiding judge if no one listens to me. Am I irrelevant on my own court. Should I just resign? I don't know what to do. Please advise in the comments.
Judge Sharon Killer is running an online campaign at MySpace and SharonKiller.com, hoping to appeal to young voters.

Sunday, September 17, 2006

Belly of the Beast: The Struggle for Abolition in Texas

Friends and Fellow Abolitionists,

The Austin chapter of Campaign to End the Death Penalty invites you to
attend our first large public meeting of the new school year. The
event will take place during our usual weekly meeting time, at 7pm, on
Monday, September 18th, in NOA 1.116 on the UT campus.
The title for the evening is "Belly of the Beast: The Struggle for
Abolition in Texas," and will feature some great speakers.

Speakers include:

1. Rob Owen - law professor and director of the Capitol Punishment
Clinic at the UT Law School
2. Delia Perez Meyer - sister of death row inmate Louis Castro Perez
and longtime advocate for many others on death row
3. Jayson Thomas - member of the Austin chapter of CEDP

You won't want to miss this. We'd also appreciate you passing this
information onto friends and others who might be interested in joining
the fight for abolition. Last week's press conference and march to
the Court of Criminal Appeals on behalf of Rodney Reed was a huge
success, and our goal is to continue building momemtum for the
abolition movement in Texas. But we can't do it alone. WE NEED YOUR
HELP!

Again, the event starts at 7pm. Coffee and snacks will be provided.
A map to NOA 1.116 is here:
http://www.utexas.edu/maps/main/buildings/noa.html.

Saturday, September 16, 2006

Olbermann on Neal Boortz: "[H]e's also a racist? OK"



Summary: On MSNBC's Countdown, host Keith Olbermann named conservative radio host Neal Boortz runner-up for "Worst Person in World" for predicting that riots and looting by "aspiring rappers and NBA superstars" would erupt if Stanley "Tookie" Williams did not receive a last-minute commutation of his death penalty.

Nationally syndicated radio host Neal Boortz earned the runner-up spot in the "Worst Person in the World" segment on the December 14 edition of MSNBC's Countdown with Keith Olbermann for his weblog post -- noted by Media Matters for America -- that predicted riots and looting by "aspiring rappers and NBA superstars" if Stanley "Tookie" Williams, the Crips gang co-founder who was convicted of murder in 1979, did not receive a last-minute commutation of his death penalty.

Boortz's December 12 blog post, titled "They're Just Looking For A Excuse, Not A Reason," predicted that California Governor Arnold Schwarzenegger (R) would grant Williams clemency because allowing his execution would spark "wide scale looting" in "South Central Los Angeles and elsewhere." Boortz also wrote, "There are thugs just waiting for an excuse."

Williams was executed early on December 13, and, as Boortz noted on his blog later that day, the event spurred no riots. "Someone correctly opined yesterday that it was too cold in Los Angeles for riots right now," Boortz wrote.

In naming Boortz runner-up for "Worst Person," Olbermann said, "So, the guy's not only got no handle on predicting events, but he's also a racist? OK."

During the segment, Olbermann showed a photo of a man incorrectly identified as Boortz; in fact, the picture is of former Sen. Max Cleland (D-GA).

From the December 14 broadcast of MSNBC's Countdown with Keith Olbermann:

OLBERMANN: The runner-up: Neal Boortz, who was another one of those radio commentators who give free speech a bad name. In a blog posting, Boortz predicted that California Governor Arnold Schwarzenegger would commute the sentence of convicted killer Stanley "Tookie" Williams because if he didn't, quoting Boortz here, "there will be riots in South Central Los Angeles and elsewhere." Boortz added, "there are a lot of aspiring rappers and NBA superstars who could really use a nice flat-screen television right now." So, the guy's not only got no handle on predicting events, but he's also a racist? OK.

http://mediamatters.org/

Death Penalty news

EU Must Press Pakistan's Musharraf On Death Penalty Issue: Amnesty
Playfuls.com - Targu Mures,Romania
... International on Monday called on the European Union to urge Pakistani President Pervez Musharraf to line up the abolishment of the death penalty in his country ...

Candidates sound off on gay marriage, death penalty
Monroe Times - Monroe,WI,USA
... Should Wisconsin have a death penalty? Why or why not? ... JR: I don't think we need the death penalty. There are so few people who are affected by it. ...

Reasons to drop death penalty
Asbury Park Press - Asbury Park,NJ,USA
State legislators need no further proof about the merits of the death penalty law than to listen to the families of murder victims. ...

The death penalty debate
Minnesota Public Radio - Saint Paul,MN,USA
Recent news in the midwest has pushed the death penalty debate into the spotlight. A jury in Fargo, North Dakota is now deciding ...


Death penalty creates more problems than it’s worth
Salem Statesman Journal - Salem,OR,USA
I was appalled by the callous statements I read online in response to the appeal for a moratorium on the death penalty. Poor people ...

Nussle says he'd push for death penalty as governor
Mason City Globe Gazette - Mason City,IA,USA
DES MOINES — Republican candidate for governor Jim Nussle said Tuesday that reviving the death penalty in Iowa would be one of his legislative priorities ...

Death penalty protocol to change
Kansas City Star - MO,USA
Missouri prison officials have until Oct. 27 to submit a revised protocol for putting condemned inmates to death, a federal judge ordered Tuesday. ...

NJ panel counts cost of death penalty
Newark Star Ledger - NJ, USA
In the 24 years since New Jersey reinstated the death penalty, taxpayers have spent millions of dollars -- $253 million according to one study -- on capital ...

DEATH PENALTY: Uganda Drafts Bill to Execute HIV Infectors
Inter Press Service (subscription) - Rome,Italy
... "When you subscribe to the death penalty, you give an unacceptable ... Rights group believe the death penalty is a violation of human rights and a right to life. ...

Death penalty evokes anguished debate
Newark Star Ledger - NJ, USA
... For almost five hours yesterday, a state commission took testimony on the costs of the death penalty -- both financial and emotional -- and whether life ...

US will not seek death penalty against second Marine in Hamdania ...
JURIST - USA
[JURIST] The US military will not pursue the death penalty against US Marine Corps [official website] Lance Cpl. Jerry E. Shumate Jr. ...

Judge: Death penalty is here to stay
Richmond Times Dispatch - Richmond,VA,USA
CHARLESTON, SC -- The death penalty will continue to be part of American justice, William W. Wilkins, chief judge of the 4th US Circuit Court of Appeals, said ...

Japan court sets cult guru death penalty
Reuters.uk - UK
TOKYO (Reuters) - Japan's Supreme Court rejected an appeal against the death sentence for the former leader of a doomsday cult on Friday, clearing the way for ...


Wednesday, September 13, 2006

Former Texas governor Ann Richards dies

Former Texas Gov. Ann Richards, the witty and flamboyant Democrat who went from homemaker to national political celebrity, died Wednesday night at her home surrounded by her family after a battle with cancer, a family spokeswoman said. She was 73.

Richards also focused on putting minority Texans on state boards and commissions. According to Austin American Statesman, "Of her nearly 3,000 appointments, some 46 percent were female, 15 percent were black, 20 percent were Hispanic and 2 percent were Asian American. Her predecessor, GOP Gov. Bill Clements, gave more than 80 percent of his appointments to Anglos and men."

Unlike Governor Bush and Perry, Ann Richards didn't execute many people as governor. However Ann Richards (D), never issued a death row pardon. Her use of the death penalty drew sharp criticism from various human rights groups including Amnesty International. Johnny Frank Garrett was executed while Richards was Governor. Amnesty International cited him as being "extremely mentally impaired, chronically psychotic and brain-damaged."

Bowing to the reality of the pro-death penalty Texas Legislature, Ann Richards was not a vocal critic of the Texas death penalty law while Governor. While campaigning for Governor, she was asked if she supported or opposed the death penalty. She said, 'I will uphold the laws of the State of Texas.' The reporter then asked, 'But what would you do if the Legislature passed a bill repealing the death penalty?' to which she replied, 'I would faint.'

More sources Ann Richards:

MySpace pulls parody profile


MySpace pulls parody profile
Creators say they used site to criticize pro-death penalty judge's 'extremist' actions

By Lewis Fallis - The Daily Texan

MySpace.com is for hipsters, not jokesters.

The popular social networking Web site recently deleted a parody profile of Sharon Keller, a pro-death penalty Texas Court of Criminal Appeals judge.

Hooman Hedayati, a government sophomore and president of Texas Students Against the Death Penalty, said he created the parody profile about three weeks ago with friend Scott Cobb, a UT alumnus. They said they formed the false profile to criticize what they called Keller's "scary and extremist" judgments.

Keller's office declined to comment Monday.

The profile features parody blogs about Keller getting free football tickets, in line with recent reports of judges receiving free or discounted tickets to UT football games.

MySpace deleted the profile four times before creating a mostly blank profile themselves to prevent the URL from being used again, Hedayati said.

MySpace representatives were unavailable for comment on Monday.

According to the MySpace terms and conditions page, the Web site reserves the right to reject or remove any posting, or terminate any or all parts of an account "at any time, for any or no reason, with or without prior notice and without liability."

Hedayati and Cobb said they were unwilling to give up and made a new address for the profile. They said they could think of no reason for MySpace to delete the profile, unless Keller or someone from her office had complained.

Hedayati and Cobb are involved in anti-death penalty organizations but said they made the profile just for fun as a "personal hobby."

Hedayati said the two sent MySpace at least four e-mails asking about the deletion, but never received a response.

"It's a parody," Hedayati said. "If anybody look at it, they know it. George Bush has 15 profiles. We are not pretending to be Sharon Keller. If you look at the name, it's Sharon Killer, not Keller. It's clearly just a parody to spread the word about her actions."

Though the MySpace URL for the new profile does have her listed as Sharon Killer, the actual profile refers to her as Keller several times.

http://profile.myspace.com/judgesharonkiller
and
blog.sharonkiller.com

Tuesday, September 12, 2006

Death Penalty World Map


Blue: Abolished for all crimes
Green: Abolished for crimes not committed in exceptional circumstances (such as in war time)
Orange: Abolished in Practice
Red: Legal

Monday, September 11, 2006

Houston Press: Killer Page, Your Honor!

The online Anti-Keller campaign goes into full swing in the following weeks as Texas media picks up on Sharon killer story. The profile has been deleted many times now, assumedly at the request of Judge Killer herself. According to a Daily Texan reporter, her office refused to comment on the myspace profile. The Austin Chronicle also had a story about the profile.

In the meanwhile the anti-Keller campaign has lunched a website and a blog on blogger.com. Sharon Keller now has to beg Google's founding CEO Larry Page, who is pro-death penalty, to remove the blog. Google purchased blogger.com in 2003 from Pyra Labs, the company behind Blogger to increase its online conglomerate.

Here is what Houston Press had to say about Sharon keller profile:

We love a good MySpace parody. Why, just check out ours here, and here. So we think this fake page belonging to Dallas judge Sharon Keller, who’s seeking re-election as presiding judge for the Texas Court of Criminal Appeals against J.R. Molina, is pretty damn funny.

But Keller doesn’t, and complained to the now Fox-owned MySpace folks, who promptly removed it. (She’s apparently pissy about being called “Killer.”) It’s up again, for now, but chances are it will be gone by week’s end.

For anyone who has even casually followed Texas death penalty rulings, the site’s a hoot-and-a-half. Keller gained notoriety when she ruled in 1998 that convicted rapist and murderer Roy Criner couldn’t get a new trial, even though new DNA evidence refuted the original blood evidence that essentially built the case against him. (Criner was eventually pardoned by then Governor Dubya, after serving 10 years of a 99-year sentence for the rape of a 16-year-old in Montgomery County.)

And thus, the tune playing on her MySpace page is Vicky Lawrence’s cheesy – but entirely apropos – classic “The Night the Lights Went Out in Georgia” (a song about an innocent man getting nailed by the system). Arguably the best pic in her scrolling image set is of her with a group of women, holding a big check (because nothing says politico like a big check).

Who does Judge “Killer” – who boasts 136 friends – want to meet? “Katherine Harris (some people say we look like each other), Karl Rove (some people say we think like each other). The editors of The Onion.”

Her blogs are priceless, especially the one titled “20 Hamburgers You Must Eat Before You Die.” The judge cites a piece in Esquire on the nation’s best hamburgers, one of which can be found at the judge’s dad’s Dallas joint , Keller’s Drive-In. Sez the Judge:

According to the article, “the hamburger is a symbol of everything that makes America great. Straightforward, egalitarian, substantial, and good-natured, it is also a little bloody at times”.

Isn’t that hilarious? It describes me exactly, straightforward and a little bloody. FATFLOL. I wonder if anyone I helped get executed in Texas ever made a last request of a Keller’s Drive-in burger. They should, it’s bloody good, but they probably can’t anyhow. A little known secret is that the last meal in Texas is not anything you want. It’s whatever they have in the prison kitchen that comes close to being what you want. And if you order, “Justice” as your last meal, like a smartass, well, then you just die, er I mean go to sleep, hungry.

Go eat a burger. Tell Jack, his bloody daughter sent you. ;-)

FATFLOL? Emoticons? The verdict is in. This political satire, which is sure to be nixed by Rupert Murdoch’s goons, is awesome. – Steven Devadanam

Some 9/11 family members opposed death sentence


Posted on Wednesday, May 03, 2006 at Abolish the Death Penlty blog.

One of the common misconceptions that we in the abolition movement try to fight is that family members of murder victims invariably favor a death sentence for those who killed their loved ones. Leaving aside for the moment the fact that Moussaoui was locked up in jail more than 1,200 miles away when the planes hit the World Trade Center and the Pentagon on that fateful day, many 9/11 family members simply opposed a death sentence on principle. Here are some of their comments:

Family members of those killed in the attacks of September 11, 2001 expressed relief at the jury’s decision not to sentence Zacarias Moussaoui to death today. “More than anyone, we understand why the jury chose the sentence they did,” said Terry Rockefeller, whose sister Laura Rockefeller was in the North Tower of the World Trade Center on September 11, 2001.

“As a long-time opponent of the death penalty, a belief even this devastating personal tragedy has not altered, I am relieved by the jury’s decision not to sentence Zacarias Moussaoui to death.”

Rockefeller, a member of the Board of Directors of Murder Victims’ Families for Reconciliation, was among the dozen 9/11 family members to testify for the defense in the punishment phase of the trial of Zacarias Moussaoui. The federal rules regarding victim statements significantly restricted what Terry and others could say on the stand, and the attorneys for the defense asked Terry and others not to speak to the press until after the jury returned their verdict.

This is the first time victim family members who oppose capital punishment have ever testified in a federal death penalty trial. Such testimony is becoming more common at the state level where increasing numbers of murder victim family members who oppose the death penalty are making their feelings known.

“Mr. Moussaoui's trial has been an expensive diversion in the struggle against terrorism. His alleged crime of conspiracy could have been quickly disposed if the option of execution were not possible,” said Patricia Perry, whose son John William Perry, was a member of the New York Police Department who died at the World Trade Center. “Beyond the verdict in this trial, I oppose using the death penalty to demonstrate to citizens that murder is so wrong that we will kill to prove it wrong. State killing teaches our children that we do not mean what we say and inures us as a society to the horror of killing.”

"My husband and I both opposed the death penalty in general. For me, now, this particular case is no exception,” said Andrea LeBlanc, whose husband Robert was a passenger on United Flight 175, the second plane that crashed into the World Trade Center, hitting the South Tower.

“Violence takes many forms and killing another human being will never undo the harm that has been done. Killing Zacarius Moussaoui would not have helped us understand those things that lead to 9/11. Nor would it have helped create the kind of compassionate world I want to live in."

For Loretta Filipov, whose husband Al was on American Flight 11 from Boston, the first plane to hit the World Trade Center, crashing into the North Tower, said, “Killing Zacarius Moussaoui will not bring my husband back. It will not change the life my family and I now have without my husband and their father. But what killing will do is to continue the cycle of violence, hate and revenge. This is not the face we want for our future, for our children and grandchildren.”

Family member Antonio Aversano, who testified for the defense and whose father Louis Aversano, Jr., was a World Trade Center victim, believes “that our best personal defense against terrorism is to not let the fear and hatred of terror consume our lives but to take whatever steps are necessary to reclaim our hearts, to honor each other and to live life well.”

“A number of us have tried to turn our anger and pain into solutions,” said Rockefeller. “For many who lost loved ones that Tuesday morning the answer is not more killing to attempt to solve the past, but rather steps to a future in which all killing is condemned and terrorists cannot find purchase.”

Sunday, September 10, 2006

Justice For Rodney Reed

Please sign JUSTICE FOR RODNEY REED online petition. The petitions will be turned in to the Texas Court of Criminal Appeals on September 13, 2006. TSADP have designed a website for Rodney Reed through our Online Mobilization Fund!

Saturday, September 09, 2006

Death Penalty News

Former US governor praised for death penalty moratorium is ... International Herald Tribune - France

CHICAGO Former Illinois governor George Ryan, who was acclaimed by capital punishment foes for suspending executions in the state of Illinois and emptying out death row, has been sentenced to 6 1/2 years behind bars in a corruption scandal that ruined his political career.

"When they elected me as the governor of this state, they expected better, and I let 'em down and for that I apologize," the 72-year-old Republican said in court Wednesday before hearing his sentence.
Federal prosecutors had asked for eight to 10 years in prison. Defense attorneys argued that even 2 1/2 years would deprive Ryan of the last healthy years of his life.

Thank God I haven't got the death penalty
Sydney Morning Herald - Sydney,New South Wales,Australia
... "I am quite lucky. It would have been nice to get 20, the same as Renae, but I just thank God that I haven't got the death penalty. ...


Death penalty faces referendum in Wisconsin
Duluth News Tribune - Duluth,MN,USA
... Other states are fine-tuning their death penalty laws. ... In Hudson, Jose Vega is joining a campaign that death penalty foes started last week. ...

China will not abolish death penalty, for now -Wen in Helsinki
Newsroom Finland - Helsinki,Finland
... in Helsinki after the EU-China summit on Saturday that China did not for the time being consider possible the abolition of the country's death penalty. ...



DEATH PENALTY: Jordan Reduces Crimes Eligible for Execution
Inter Press Service (subscription) - Rome,Italy
AMMAN, Sep 8 (IPS) - In lowering the number of crimes for which the death penalty would be eligible, the Jordanian government says it has moved one step closer ...

Minister Says Kyrgyzstan To Abolish Death Penalty Soon
RadioFreeEurope/RadioLiberty - Prague,Czech Republic
September 8, 2006 -- Kyrgyzstan's Deputy Justice Minister says his country will soon abolish the death penalty and replace it with life imprisonment. ...


Why idealize death penalty? It's unnecessary to dwell on whether a ...
Pioneer Press - St. Paul,MN,USA
It's unnecessary to dwell on whether a sex offender gets the death penalty or not. ... Why idealize the death penalty? It's barbaric and ineffective. ...

Friday, September 08, 2006

Austin Film Society Presents: THE TRIALS OF DARRYL HUNT

Darryl HuntWHEN: Wed Sept 13, 7 PM
WHERE: Alamo Drafthouse Downtown (409 Colorado Street)
COST: $6 / $4 (AFS / Student / Senior)
INFO: http://www.austinfilm.org

The human being seems hard-wired for revenge. You hurt my family, friends, or me, and I will hurt you. Legal systems have been ideally constructed to move beyond "an eye for an eye" to allow the state to intercede and seek revenge for the wronged parties, but sometimes an innocent person is swept up in this net, incarcerated, or even executed for a crime not committed. The need to find someone "guilty" can override the evidence, especially in a region in which a person’s skin color may increase the likelihood of a jury conviction.

Darryl Hunt is such a person. For nearly twenty years he was locked away in a North Carolina prison for a crime committed by another man. Filmmakers Ricki Stern and Annie Sundberg followed his story for more than ten of those years. Adding in news footage from his first ten years of wrongful incarceration, they created a gripping documentary that shows how an inept police department, a corrupt district attorney, and a handful of lying witnesses could legally "lynch" a young Black man and steal 20 years of his life.

Q&A with producer/director Annie Sundberg following the screening. Co-sponsored by the Austin Chronicle and the Radio-Television-Film Department of the University of Texas at Austin.

Thursday, September 07, 2006

Sharon Keller did it again!

Myspace has replaced the Sharon Keller profile at the request of Sharon Keller or her campaign with another profile. Go to TMN blog for a full report.

In the meanwhile you should be able to read future Sharon Killer blogs at:
www.sharonkiller.com

Austin Chronicle's article on Sharon Killer blog

The Austin Chronicle covered the Sharon Keller profile on MySpace in their September 8th issue. The profile has been deleted three times now, at the request of Judge Killer, but it is back up again.

On MySpace, her profile is listed as Sharon Killer, a play on the name of Sharon Keller, the presiding judge of the Court of Criminal Appeals, whose reputation as a hanging judge has earned her a satirical spot on the cyber meet-and-greet circuit. A couple of anti-death penalty activists – Scott Cobb and Hooman Hedayati – crafted the cleverly penned Keller profile and blog to draw attention to the justice's "ideologically driven" record on crime and punishment. And what a record it is. One of Keller's greatest embarrassments to Texas involved her firm stance against giving prison inmate Roy Criner a new trial, even after a DNA test proved he didn't commit the rape and murder for which he was convicted and sentenced to 99 years. It took Gov. George Bush, then a candidate for president, to step in and grant Criner clemency. Keller, a Republican, is running for re-election against Democrat J.R. Molina, a trial lawyer from Tarrant County. The Keller spoof is actually making its second appearance on the site after MySpace operators deleted the first effort last week. By the time you read this, it may have been killed off a second time, but go to profile.myspace.com/sharonkiller just for kicks and see what happens. – A.S.

Tuesday, September 05, 2006

death penalty updates

The government should abolish capital punishment and accelerate development in island provinces throughout the country, the 13th Catholic Youth National Congress in Ambon says. "We renounce the death penalty because God has given life to humans so that they can live freely, and only God has the right to take (life) back, not fellow humans," Refra said.

Capital defense Weekly reports that "Supreme Court Justice Anthony M. Kennedy has had surgery in Washington to replace a stent -- a device used to keep open a vein that had previously been blocked." Updated reports have Justice Kennedy doing well and he should be back to work quickly.

Check out Students Against the Death Penalty's new website (under construction) .

A Discussion with Jeb Bush on the Death Penalty by Abe Bonowitz & SueZann Bosler -
July 19, 2002 Counterpunch.com

Rwanda parliament to vote on abolishing death penalty

Zee News: Death penalty likely for 4
US soldiers

Penn and Teller: Bullshit! The Death Penalty

Title says it all.
Complete episode - 29 minutes!

Monday, September 04, 2006

Sharon Keller on MySpace

Check out the Sharon Keller profile on MySpace before Sharon Keller has it deleted again.

The address is www.myspace.com/sharonkiller. As someone wrote in a posting on Burntorangereport, "Anyone interested in the Texas tradition of arbitrarily applying the death penalty and JR Molina's campaign to bring justice to Texas' highest criminal court has got to check out this hilarious blog." Read the Sharon Killer blog.

Sharon Keller is the presiding judge of the Texas Court of Criminal Appeals. She is running for re-election against J.R. Molina. Keller was challenged in the Republican primary last March by one of the other Republican judges on the CCA – Tom Price. He said she had lost the confidence of the court and once accused her of making the CCA a "national laughingstock", according to Texas Monthly.

A few months ago, Rupert Murdoch bought MySpace.com. Murdoch also owns Fox News. So, it is not surprising that MySpace is starting to be a total "control freak" as Kyra Phillips of CNN would say, to which Dick Cheney might respond, "yeah, big time."

A few days ago, a Sharon Keller profile on MySpace was deleted by the MySpace authorities. Apparently, someone complained to MySpace that it was not an authorized profile, but was instead a "fake profile", so MySpace canceled it. It wasn’t a fake, it was a parody. MySpace only cancels parody profiles if they get a complaint from the person being parodied/satirized, so we assume Sharon Keller emailed MySpace and complained. According to our sources, one email the complainer sent read, "Very Funny. Hope you are amusing yourself. Enjoy it while you can". Shortly afterwards, the profile was deleted by MySpace.

As you would expect a judge to know, parodies of public officials are protected free speech under the 1st Amendment to the United States Constitution. Parody and satire have long served as means of criticizing public figures and exposing political injustice. It is true that parodies against unknown people can sometimes be regulated and prohibited. For instance, a student who publishes a parody of a school teacher might be subject to punishment, because the teacher is not a public figure. However, parodies of public figures are protected free speech. For example, the U.S. Supreme Court ruled that a famous parody that Hustler magazine did of Jerry Falwell back in the 80’s was constitutionally protected free speech. It had portrayed Falwell as having had a drunken sexual encounter with his mother in an outhouse. Parodies and satire directed at governmental officials in order to criticize the actions of the government are given the greatest protection under U.S. legal precedent, as seen in the Supreme Court case "New York Times Co. v. Sullivan".

Satire and parody seem to be gaining in popularity these days as forms of political discourse, especially among younger people. The Daily Show with Jon Stewart and The Colbert Report are two fake news programs that are often listed as top sources of daily news for some people. Of course, Saturday Night Live, has been presenting satirical skits of public officials for three decades. Anyone remember that old SNL skit that mocked three Texas politicians’ over-eagerness for the death penalty - Ann Richards, Jim Mattox and Mark White. The Onion and The Swift Report are other examples of satirical sites that use fake news.

The Sharon Keller profile on MySpace is a clear example of protected political speech. Anyone who reads it closely can tell that it is a satire. Just look at the name of the URL, which uses the words Sharon Killer, or does Sharon Keller call herself Sharon Killer? Maybe she does.

We suggest Sharon Killer gets over it. We hope that after the November election, Texas gets over Sharon Keller.

Cross-posted on TMN blog

Sunday, September 03, 2006

Grant Rusting - New Anti-Death Penalty Candidate?

Former Libertarian Party candidate and now Republican Party candidate for Texas 25th Congressional District expressed his concern over the Texas criminal justice system, when he joined anti-death penalty candidates in front of the governor's mansion during the execution of Justin Fuller.

Grant Rusting is running against incumbent Democrat Lloyd Doggett for Congress, hoping to represent the district that includes Western Hidalgo and Starr counties, as well as parts of Travis.

Quote of the Week

"...the "right" to a fair and impartial jury of our peers; the "right" to represent oneself; the "right" to a fair trial, even. They're not rights; they're privileges of the powerful and rich. For the powerless and the poor, they are chimeras that vanish once one reaches out to claim them as something real or substantial. Don't expect the media networks to tell you, for the can't, because of the incestuous ness between the media and the government, and big business, which they both serve."
-- Mumia Abu-Jamal



The quote taken from the Preface to
Live from Death Row. Published 1995 by Avon Books.
Photo:
Mear canvas of Mumia Abu Jamal, photo by psyko (See also Mumia's Wikipedia entry

Friday, September 01, 2006

State Vs Rodney Reed trailer

"State vs. Reed" is a 60 minute documentary that explores an explosive capital murder trial in Texas that has resulted in a questionable death penalty conviction of Bastrop, Texas' Rodney Reed. Reed, a then-28 year-old black male with a minor criminal record, was convicted in 1998 of the murder of Stacey Stites, a 19 year-old finacee' of a local police officer named Jimmy Fennell. Though Fennell was the primary suspect for over a year who failed two polygraph examinations, Reed was eventually arrested after DNA found on the victim was connected to him. Reed claims that he and the victim, who was Caucasian, shared a consensual sexual affair for over 6 months and that an encounter the night before would account for the finding of his DNA as well as a possible motive for the real killer. "State vs. Reed" dives into this complex and potentially benchmark case that still rattles the citizens of this small Central Texas town. By talking to those who knew best -- friends of the victim and family of the defendent, investigators, lawyers, journalists and Reed himself, on Texas' notorious Death Row -- the award winning documentary reveals a case fraught with open questions and unusual coincidences. Ultimately, the documentary reveals the mistake-prone system that sentences men and woman to death in the state of Texas at a rate incomparable around the world. Filmmakers Bustoz and Polomski are first-time feature filmmakers, though have worked in the medium in central Texas for years. Previously, they have worked on the internationally screened short documentary, "Hecho a Mano: Tres Historias de Guatemala". "State vs. Reed" premiered at the 2006 South By Southwest Film Festival where it won the Lone Star States Audience Award. It has since been screened multiple times in the central Texas area, including the Kerrville Community Center in Bastrop, the Bastrop Public Access Channel (for seven straight nights), the George Washing Carver Museum and Cultural Center in east Austin, and as part of the Amnesty Interntional Film Festival on the University of Texas campus.
Watch the trailer online: