Today's editorial:
Judge’s critics not arguing right facts
Since State District Judge Kevin Fine of Houston declared the death penalty unconstitutional, critics have pointed out that he:
A. Is a Democrat.
B. Is a recovering alcoholic.
C. Is a former cocaine user.
D. Has a lot of tattoos.
They have not provided a coherent defense of the death penalty as it is administered in Texas.
If you want to read some really brutal criticism of Texas’ death penalty, forget about Judge Fine for a minute. Take a look at the justices on the U.S. Supreme Court, most of whom were appointed by conservative presidents. For the past decade, they’ve had a lot to say about Texas.
The court threw out one conviction, not because it doubted the guilt of the convicted murderer, Thomas Miller-El, but because it found that, for decades, prosecutors in Dallas County “had followed a specific policy of systematically excluding blacks from juries.” That’s a decadeslong problem of procedure that poisoned countless cases. It’s not something that can be covered by an excuse.
When the Supreme Court began questioning the practice of executing people for crimes they committed before the age of 18, they looked at Texas, which had 26 such people on death row.
When the Supreme Court expressed qualms about executing people who are mentally retarded, it looked at Texas.
The U.S. Supreme Court is not obsessed with Texas. The justices were just looking at the most obvious problems.
Here are just three:
• The possibility of error is great. The problems Texas has had with some of its crime labs are notorious. You’d have to be dense not to wonder about the evidence that has been presented to juries. The state has released people who have spent years in prison after DNA confirmed their innocence.
• There are still too many questions about racial bias.
• Too often the question of who lives or dies has more to do with money than with justice. Those who can afford to pay for a near miraculous defense often get one. Meanwhile, poor defendants often get poor representation.
For the past decade, The Daily News has asked the governor to declare a moratorium on the death penalty and to ask the Legislature to study the problems and address them.
We think real leaders would find that an interesting, challenging proposal — a more challenging topic than Judge Fine’s tattoos.
Juan Melendez, an innocent man who spent 17 years, eight months and one day on death row in Florida for a crime he did not commit will be one of the speakers at the Anti-Death Penalty Alternative Spring Break, which is March 15-19, 2010 in Austin, Texas. Juan is attending as a member of Witness to Innocence. Juan will join exonerees Shujaa Graham, Curtis McCarty, Ron Keine, Derrick Jamison and Perry Cobb at alternative spring break to speak with participants about how innocent people can end up on death row. Altogether, the six exonerees attending the alternative spring break spent a total of about 65 years on death row for crimes they did not commit.
The Anti-Death Penalty Alternative Spring Break March 15-19 in Austin is designed for high school and college students interested in human rights and the death penalty. All the events are also open to people of all ages who are interested in the issue. In addition to five death row exonerees, there will be many other interesting speakers, including the national director of Sister Helen Prejean's Dead Man Walking School Theatre Project, Bill Pelke of Journey of Hope, Susannah Sheffer of Murder Victims' Families for Human Rights, Brian Evans from the Washington D.C. office of Amnesty International, and Elizabeth Gilbert, the friend of Todd Willingham who first brought his case to the attention of thefire expert who later sent a report to Rick Perry in support of a stay of execution.
Participants will gain valuable training and experience in grassroots organizing, lobbying, preparing a public rally and working with the media. During the week, students will immediately put what they learn into action during activities such as an Anti-Death Penalty Lobby Day with a rally at the Texas Capitol. There will be opportunities to write press releases, organize a press conference, speak in public, meet with legislators or their aides, and carry out a public rally at the capitol.
Please register at the website http:// springbreakalternative.org/ deathpenalty
Anti-Death Penalty Alternative Spring Break is a program of Students Against the Death Penalty. Co-organizers include Texas Moratorium Network, Texas Students Against the Death Penalty, Campaign to End the Death Penalty - Austin Chapter, Texas Death Penalty Abolition Movement, Texans Against the Death Penalty, Campus Progress, Witness to Innocence and Journey of Hope ... From Violence to Healing.
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