Here is the case summary from NCADP on Jose Briseno, scheculed for execution in Texas January 20.
Jose Briseno Texas January 20, 2005 The state of Texas is scheduled to execute Jose Briseno, an Hispanic male, for the 1991 murder of Dimmit County Sheriff Ben Murray in Webb County. Briseno already came within four hours of being executed in July of 2002 when the Texas Court of Criminal Appeals halted the execution after his attorneys found a prison record indicating Briseno had an IQ of 67. Generally, people with an IQ below 70 are considered mentally retarded. The U.S. Supreme Court ruled it unconstitutional to execute persons with mental retardation in June of 2002. A trial court judge then rejected the notion that Briseno is mentally retarded, stating that records showed he had tested at an IQ of 72 or higher twice since June 2002. The record also shows that Briseno began drinking alcohol at age nine and was abusing other substances such as LSD before the age of 18. Both the defense and state experts agreed drug use may have impaired brain functioning as well as academic and social skills. Both Briseno's attorney at the time and Judge Charles Holcomb - in a dissenting opinion - disagreed with this decision. They maintained a jury rather than a judge should have decided whether Briseno has a mental disability. Since Briseno's original trial conviction, the U.S. Supreme Court has ruled that mitigating and aggravating circumstances in a death penalty case must be weighed by juries and not judges (Ring vs. Arizona). However, the Texas Court of Criminal Appeals ruled that Briseno was not entitled to a jury weigh-in on the mitigating factor of possible mental retardation because the Ring decision should not be applied retroactively. In addition to having a strong mental retardation claim that has not been fairly reviewed by a jury, Briseno has raised concerns of ineffective assistance of counsel. His direct appellate counsel failed to object to the trial court's denial of a defense expert serologist that may have countered to the state's serologist witness. Briseno has also maintained his defense counsel failed to investigate mitigating circumstances and was inadequately prepared for trial. The Fifth Circuit Court of Appeals ruled in 2001 that Briseno did not prove beyond a reasonable doubt that error on the part of his attorney constituted of a violation of his due process rights. Texas continues to lead the nation in both the number of executions it carries out and the level of public scrutiny for its handling of death penalty cases. Amid crime lab scandals, inadequate capital defense resources, and flagrant disregard for both international law and human rights standards, the U.S. Supreme Court has recently expressed its frustration with the highest courts of Texas and their ability to administer justice. Please contact Gov. Perry and the Board of Pardons and Paroles and urge that they stop the execution of Jose Briseno. Please further urge the governor to declare a moratorium on all Texas executions.
