Sept. 30
TEXAS----impending execution
HPD lab problems may stall execution----Lawyers for death row inmate file
delay motion
Citing the latest problems at the Houston crime lab, lawyers called
Wednesday for the delay of an upcoming execution, and possibly all others
in Harris County cases, until questions about mishandled evidence are
resolved.
Edward Green III is scheduled to die Tuesday for the 1992 deaths of Edward
Perry Haden, 72, and Helen O'Sullivan, 63, who were shot as they sat in a
car at a stop sign in Houston. He is 1 of 8 Harris County convicts
scheduled to die before the end of the year.
Lawyers filed a motion Wednesday arguing that the execution should be
delayed at least until the Houston Police Department has cataloged
evidence from about 8,000 cases that was discovered last month in hundreds
of forgotten boxes in the property room.
"Our thinking is that we don't have any idea what's in the property room,
but we do know that the HPD crime lab made mistakes that resulted in
innocent people going to prison," said David Dow, of the Texas Innocence
Network, who filed the motion. "We should be pausing here until we know
for certain what evidence is in those boxes, because an execution cannot
be rectified after the fact."
The delay is necessary not only to confirm Green's involvement in the 1992
shootings, which Green does not contest, but also to ensure that a death
sentence was appropriate, Dow said.
The motion notes that Green's conviction was secured, at least in part,
with ballistics evidence and that the work of HPD's Firearms Division has
been called into question in several other death penalty cases.
District Attorney Chuck Rosenthal said he would be open to delaying
executions if there was a reasonable belief that evidence from those cases
might be found among the boxes. But, he added, general questions about
HPD's handling of evidence should not be enough to disrupt the execution
schedule.
"I think, realistically, if there is some reason to believe there is some
evidence to shed more light on (the case), I am obviously all for looking
at it," Rosenthal said. "But to delay simply because HPD has found a bunch
of evidence that probably doesn't relate to this case, that should not
hold this up."
HPD personnel have processed only 22 % of the evidence that crime lab
employees placed in 280 mislabeled boxes, said Capt. Dewayne Ready,
department spokesman.
The painstaking effort is ahead of schedule, but Chief Harold Hurtt has
said it could take up to a year to sift through all of the materials.
Evidence in the boxes is from cases that crime lab analysts handled
between 1979 and the early 1990s. Hurtt has said there is no way to know
what will be found in the boxes or the effect on cases.
Former Mayor Lee Brown and former Police Chief Clarence Bradford suggested
last year that executions should be delayed because of revelations about
problems with the crime lab, where questions have been raised about the
work of 3 of the 5 divisions that process evidence.
(source: Houston Chronicle)
**********************
Jury Selection Nears in Death Penalty Case
Polk County is getting ready for a capital murder trial. Potential jurors
are now being screened.
32-year-old Donnie Roberts is accused of killing his girlfriend last
October in her Lake Livingston home. Investigators say Roberts confessed
to shooting 44-year-old Vickie Bowen during an argument.
Roberts is in the Polk County jail. He could get the death penalty if
convicted.
(soure: KTRE News)
********************************
Woods found competent for execution
Convicted murderer Bobby Wayne Woods is not mentally retarded and is
competent enough to be executed, a visiting judge declared Tuesday in Hood
County District Court.
Woods, 39, convicted of capital murder in the 1997 kidnapping and slaying
of 11-year-old Sarah Patterson, did not visibly react to the judges
finding.
The 2-day hearing featured community members who knew Woods and experts
speculating on Woods IQ, which varied from 80 in 1972 to below 70, which
is generally accepted as retarded. 3 experts and 4 members of the
community--teachers and principals from schools Woods attended in
Kennedale--testified in the hearing. Only 1 expert testified on his
behalf, and no one from the community did.
6 who knew Woods or the victims sat in the audience.
"I thought it (the ruling) was fine," said Evelyn Gregory, whose daughter
was a friend of Pattersons mother, Schwanna. "It was just something to try
to get him off death row."
Schwanna Patterson is serving a prison sentence for not helping her
children after hearing their screams on the night of the kidnapping. Her
son Cody was also kidnapped, beaten and left for dead at Thorp Spring
Cemetery but lived. Fort Worth attorney Rick Alley, who represented Woods,
claimed his IQ dipped below the retardation level and that he had
deficient social skills, another criteria for mental retardation. Another
criteria for the classification is proof that retardation set in before
the age of 18.
"He was not only in the slow class," Alley said in his closing, "he was
the slowest person in the class."
Judge C.C. Cooke of Cleburne made his decision immediately after hearing
the facts. The Texas Court of Criminal Appeals will review the hearings
finding, but the judgment is likely to stand.
Hood County judge Ralph Walton did not hear the proceeding because of a
conflict of interest from when he represented Cody Patterson in a Child
and Protective Services case related to the Woods incident.
Woods can appeal the decision to the federal level. His execution date has
not been set.
(source: Hood County News)
***************************
To Kill or Not to Kill: The Juvenile Debate
Struggle occurs every second, every minute, every hour of every day life.
While some countries struggle for food, fight fatal diseases, attempt to
maintain shelter, gain independence from imperialistic greed, or just
struggle to be free as a people and nation; America is struggling for
morality. When you dominate the world and fill the treasure chest beyond
capacity, does the struggle for morality becomes a luxury? As we near
October, the U.S. Supreme Court will hear the case of Christopher Simmons,
which will decide the fate of death row juveniles around the country. To
kill, or not to kill is the question? Do we spare the lives of our
children who have committed murderous acts, or in the name of justice do
we allow state-sanctioned killings as a deterrent to killing? Statistics
and research show that the death penalty does not deter crime. In fact, in
certain parts of the country, where the death penalty is prevalent, crime
has increase.
I can claim to give my words credibility, as I was once a kid sentenced to
death by the state of Texas. I could argue points that could surely make
people pause and think, but then again, I see but a small window to the
world. It is difficult for anyone to see a window into this world in which
I live. This world is ruled by chaos, insanity, destruction and death.
Most see a small version on television from the comfort of a couch, while
others read the water-down version from a newspaper. But few Americans
have experienced it first hand. For the last thirteen years, I've known
nothing less. It is what I have breathed and lived almost have of my life.
At times I feel like I am alive in a huge graveyard waiting to be thrown
in a casket. It is with these thoughts that I digress. To tell anyone
about the mauldiness of death row would read like a horror novel.
A commonality that every person can share is the fact that we were once
all children, doing things that children do. We became adolescents who
took risk because it was the cool thing to do and never thought about the
outcome until later. We were impulsive and peer pressure took the place of
our developing senses. Teenagers who held a lack of moral culpability
until after the fact and who would say "I'm sorry" as quickly as the words
could form in their mind. How many kids did something they were so ashamed
of they never told anyone, even when they became adults? Whatever actions
a kid takes, whether good, bad, or indifferent it does not alter the fact
that the action was operating from the mindset of a child.
Professor, district attorneys, judges, or organizations of various kinds
may critique this writing but I have little formal education. At
seventeen, I didn't get the chance to earn my high school diploma or
fulfill my dreams of going to college and ultimately playing professional
football. Instead of going to Penn State, I ended up at the state pen. I
got an authenticated certificate to hell and death. Credibility? I have
none. In the eyes of society, I am a criminal. Personally, I am not
writing in an effort to save my life as an innocent child sentenced to
death. My quest is entirely different. I am fighting for my right to be
free and not rot in a cage for the balance of my life. My quest is for
justice, but what is it? Is it the systematic killing of human beings?
When I first came to death row, I was scared to death. By law I wasn't old
enough to vote, sign my school report card, or frequent rated PG movies
without the consent of a legal guardian, however, I was old enough to be
killed by the state of Texas. The idea of being on death row didn't hit me
until I got here. When I first stepped foot in the death camp, it dawned
on me that every day until I took my last breath, would be a day that I
would wake up around over 400 condemned men. All of them grown, with the
exception of a few. I bonded with the juveniles. We tried to cloak our
fears by draping ourselves with tattoos that acted like a shield of armor
to appear as a convict. We would remain silent while we listened to men
talk about their kids, house, wives, and the things they did and had in
the free world. We pretended to be tough because we could not relate. No
one wanted to hear us talk about high school, girls our age, and sibling
quarrels. We were children who lacked commonality with the other labeled
criminals. It was akin to throwing a cub into a cage full of hungry lions.
We didnt have mom or dad to crawl to for help. Over the years many of the
kids were brutally raped, some committed suicide, joined gangs for
protection, became prostitutes, and some fought back. I fought back and
have scars that run across my body like a road map from my effort. Every
time I fought back, I was punished. I never won and there was never a
victory to be found. I lived for another day. Now, like so many other
kids, some grow up to become men only to be executed. Society has its
justice.
I've watched some of those kids take years to stare reality straight in
the face and eventually grow up. Truth is, some of the best men I ever
knew were once kids on death row. I think of Napoleon Beazley. I remember
him constantly reading, and being a loner. He was always to himself and
often times scared. I watched a boy grow into a man who loved God, spoke
positive encouraging words to fellow men, and could even smile when there
was no reason. If ever there were a perfect example of a model prisoner,
it would be him. I think of Emerson Rudd, who was only 18 years old when
he came to death row. He was young and defiant and we would rise up
against the brutality and injustices dealt to us. We called ourselves
fighting back against this brutal system in every way, even if it meant
with being physically hurt. We both grew up. We read to each other, found
people in history books that became our source of inspiration and
strength. Emerson became a leader amongst men. He died recognizing that
struggles exist around the world more than his own. I think about Gary
Graham. By the time I got to death row, he was emerging as Shaka Sankofa,
a chosen African name that means to "fight back." The kid in him was just
that, a kid but that kid grew into a man that became a conscious active
symbol who recognized that racism and injustice was alive and embedded in
our system. He offered us hope. Hope that his life would not be a wasted
sacrifice. Why do I use the term sacrifice? I use it because he became a
political prisoner. He became aware of the political nature of his
incarceration and became a voice. A voice that became an act of defiance
to the powers that be. It perhaps killed him more than anything else. All
of them, Napolean, Emerson, and Shaka were kids who changed. If kids don't
change, who does? I could name so many, as well as anyone who reads this.
Who cant think of a kid in their neighborhood who was destined for prison,
but changed and became ministers, leaders, teachers, lawyers, doctors and
CEO's of billion dollar companies.
What inspired me to write some of my books was another booked called "A
Lesson before Dying" by Earnest J. Gaines. Although it is about a boy
sentenced to death, it doesn't capture death row as it exist today. I
would recommend anyone to read this book. In the book, his lawyer and the
jury compare the boy to a hog, in other words an animal. I know that
feeling first hand. My prosecutor never said a single word to me, had
never heard my voice but pointed at me in the courtroom and said, "He's a
predator. He's evil, He's just flat-out evil!" The boy in the book was
basically told he was an animal and decided he would act like one. They
said he was a hog, so he sounded like one at times, ate like one, and
pretended to be like one. When kids are treated a certain way, they adapt
to their environments. The one passage that I've never forgotten is when
the author writes: "Do you know what a hero is? A hero is someone who does
something for other people. He does something other men don't and can't
do." I thought about that statement. I could never be a hero. I was judged
to be something that I'm not, a killer. Gaines writes: "Those out there
are no better than you are. They are worse. That's why they are always
looking for a scapegoat, someone else to blame. I want you to show the
difference between what they think you are and can be. To them, you are
nothing but a nigger, no dignity, no heart, and no love for your people.
You can prove them wrong." This statement brought tears to my eyes because
I was the little boy in the book. I was living the life of the novel, but
my reality was far, far worse than the book. I accepted the challenge to
prove this system wrong and to prove that I wasn't an animal. I would
prove that I wouldn't always be the young kid that they judged, but I
would become a man that stood up against that judgment with strong
character. Kids can do that and people can do that but death erases all of
those chances.
I had no intentions of making this a personal testament, and could argue
against killing as a whole. I see the juvenile debate as an attempt for a
political makeover to repair Americas image in the eyes of the
international community. I hope that juveniles on death row lives are
spared, but it won't solve the problems that exist concerning capital
punishment. Indigent, disadvantaged, and minorities are still being sent
to the execution chamber at an alarming rate. Sadly, the majority of
juveniles that have been executed in Texas were minorities. The media
often times will use every chance to justify why Americans should continue
with the killing machine. A few weeks ago, a handcuffed prisoner stabbed a
guard near the throat. The local newspaper reported that he was stabbed 13
times to over exemplify the act. He was not stabbed thirteen times, which
was not possible due to the restraints. The guard was not seriously
injured and the public never would know that this same prison guard is
notorious for provoking incidents and the mistreatment of prisoners. One
prisoner snapped but the media heightened the fear in the community and
the general aura is that prisoners on death row arbitrarily go around
stabbing guards countless times which makes it much easier for others to
be executed without anyone ever batting an eye.
As we near October, I encourage people to discuss not just killing
children, but the death penalty in itself. A little research goes a long
way. We just can't be given morality. We learn it by not being afraid to
learn facts, express empathy, and have understanding, otherwise vengeance
and revenge wins. Vengeance and revenge criminalizes us all when we
systematically kill. The juvenile debate is a necessary step, but more
needs to be taken. What do we learn when we choose to eliminate a problem
instead of dealing with it? When we systematically kill, who is
responsible? Is it easier to collectively kill as long as it doesnt become
personal to us? Was it easier for us to attack Iraq, until we personally
lost loved ones and it affected us directly? Can we support anything
without taking a closer look for ourselves? Journalism seems to do what is
safe and popular, no what is true. At what point do we as a society take
responsibility for what path we are headed.
I am labeled as a killer. I am not a killer but I even face this society.
The death penalty is but one example, but we can't just walk away. Lives
are taken in our names whether we accept it or not. Blood is on our hands,
even the blood of American children. What if the child was your son or
daughter? What if that child was innocent? What if that kid was overcome
by peer pressure and was guilty by association? Maybe, he was just afraid
to say no! It happens and has happened.
The juvenile debate is but one of many issues that tackles our morality as
American people but challenges our humanity as human beings. If you could
join organizations, sign petitions, write letters, or write prisoners,
please do. We all have to start from somewhere. I started by challenging
myself from this prison within a prison.
Nanon Williams, Texas Death Row -- September 25, 2004
