On February 8th, Hank's attorney filed a motion in state court to vacate the order setting an execution date and recall void death warrant. There is a problem with the death warrant. Legally the judge has 10 days from the day he signs the order setting an execution date to the day he sends the death warrant to the prison warden. The order was signed on October 20th but the death warrant was not sent to the prison warden until November 13th. If all else fails, the procedure may be canceled and the judge would have to start all over again - ie. issue a new order and send a new death warrant to the prison warden. That could postpone the issue by 35 to 40 days. In the meantime, we are hoping that a solid stay will be issued and that the DNA testing will be ordered.
On February 12th, his attorneys filed two documents with the US Supreme Court. The first one is the application for a stay of execution and the other is a second petition for writ of certiorari concerning the dismissal of their complaint against the Gray County D.A. This covers very important ground that, if the US SC accepts the
case, would help many other cases.
On the front of visitation, the French Consulate has been of great assistance and we worked this week on getting TDC to grant me a visit with Hank this week and another next week, since I still haven't heard anything back from the DRC on my 3rd appeal. Unfortunately, this was denied and apparently my 3rd appeal was denied. However they did get my correspondence rights back... If Hank doesn't have a stay by February 22nd, I "should" be allowed last visits.
New actions and efforts for those who wish to support him will be announced next week.
Thank you all very much for your support and don't forget Hank, drop him a line or a card, he surely needs to hear all the voices from the free world who are standing up for him and with him.
6 comments:
Hello, My name is Brenda Maxwell, my husband Is on death row, and knows hank.. I just wanted you to know we are praying for him! my husband recently got his date.. March 11, 2010 his name is Joshua Maxwell. please pray for us as well.. Brenda Maxwell
Hello, My name is Brenda Maxwell, My husband is Joshua or Moe. he is on Death Row with Hank.. he also has a date coming up March 11 2010. I just wanted you to know we are praying for him and you, please pray for us!!! Brenda
This explanation of the Death Warrant is not quite accurate. The presiding judge issues what's called the Order of Execution. This sets the date for an execution. This order then goes to the presiding District Clerk. It is the District Clerk who issues the Death Warrant (or Warrant of Execution). It is the District Clerk who has 10 days after the Order of Execution is issued to issue the Death Warrant. Then the District Clerk gives the Death Warrant to the local sheriff who in turn gives it to the TDCJ Director of Correctional Institutes Division.
In this case the Order of Execution was signed on October 20, 2009. But the District Clerk didn't sign the Death Warrant until November 13, 2000.
Hello, my name is Kirsten Salzano. I was booking my plane ticket to come to Huntsville when I saw that Hank's date changed. I am reading to find out if he got a 2 week stay or 90 day, or if he got a stay until the DNA frees him. I have a couple questions, what is a phone number to someone like Hank's wife, or someone follwing this more closely than I can that I can call. ALso, my email is kirstensalzano@aol.com I can help or contribute in ways other than just writing letters. I am a member of NCADP and an activist. Hank and I have written to each other for a few years and I completely believe he is innocent. I am just looking to do more. Please call or email.
Thanks,
Kirsten Salzano
I'm writing from Spain (Europe) after watching today's news. I can not understand how can sentence to the maximum penalty without doing a DNA test to be 100% sure is guilty. Is this the well known FREE COUNTRY??? Very sad and frustrating cause I do not know how can I be of any help.
TO ALL,
PLEASE, SEND ANY USEFUL INFORMATION TO: jfrutos@inbox.com
Amazing this triple murdering scumbag still breaths the same air as us ? Now that the DNA has come up all match lets hope that Texas gives this scumbag murderer his anti crime medicine very soon .. Come on Texas set a date for this lying murderer !!
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