July 25 TEXAS: Will death row cons be free someday? History says yes----Recent court-ordered commutations may go way of '72's Furman 47 The notion that 28 Texas death row inmates might ever walk the streets seemed far-fetched last month when Gov. Rick Perry commuted their sentences to life in prison. Arthur Broussard was. Mr. Broussard, 58, was part of the Furman 47, the last mass commutation of condemned Texas inmates. That was in 1972, after the Supreme Court decision Furman vs. Georgia, which halted the death penalty for 4 years. Fourteen years after his commutation, Mr. Broussard was paroled. He had been condemned for killing a Houston grocery store clerk in 1969. "I never thought I'd get out," he recalled in a telephone interview recently. In fact, most of the Furman 47 were released. According to state prison records reviewed by The Dallas Morning News, 40 of the former death row inmates - 85 % - have been released. Of the 7 not released, 2 died in prison. 5 others are still locked up. At least 2 of the commuted inmates killed again, including Kenneth McDuff, who drew 2 more capital sentences in the 1990s for the murders of Melissa Ann Northrup and Colleen Reed. He was executed in 1998. The collective fate of the Furman 47 contradicts the predictions of those who said inmates in the latest mass commutation probably would never again go free. Mr. Perry had no choice but to commute the sentences after the Supreme Court ruled this year that the execution of offenders who were younger than 18 when they committed their crimes violated constitutional protections against cruel or unusual punishment. Most of the 28 men whose sentences were commuted recently were sentenced after the early 1990s, when a life term for capital crimes in Texas meant a minimum of 40 years. Texas added a life-without-parole sentence in the recent legislative session. These inmates were 17 at the time of their crimes, so most will be in their 50s when they first become eligible for parole. Some criminal justice experts doubt that succeeding generations will want to foot the bill to keep these men and thousands of other elderly prisoners behind bars that long. And, experts note, Texas prisons are nearly full again after a decade of tough-on-crime sentencing. "It's going to be an issue for the Legislature and the parole board, 20, 30 years from now, what they want to do with these people" said Shannon Edmonds, staff attorney for the Texas District and County Attorneys Association. "But the reality is, those decisions are going to be guided more by the problems that those people are facing then, than what those people did back when they committed their offense," she said. "It's always been the way it's happened. "I would probably expect at least some of them to be paroled." Robert Black, spokesman for Mr. Perry said: "It's quite a stretch to try and predict what will happen 30 years from now, but in Texas we do have a system in place where the parole board will look at each case individually and make a recommendation. Gov. Perry has to put his faith in the system that's in place that it will work properly on behalf of the people of Texas." New crimes Of those who were part of the 1972 mass commutation, 22 committed new offenses. They range from minor infractions such as trespassing to major crimes such as murder. The most notorious reoffender was Mr. McDuff. He's "the one that scares everybody," said James Marquart, a criminologist who studied the commuted inmates in the mid-1980s. Another inmate killed his girlfriend and himself shortly after he was released in 1985, Dr. Marquart said. He could not identify the inmate, and no records reflecting that crime are available. Of the 22 who reoffended, about 2/3 involved major felonies. Crimes committed in other states might not appear in state records. According to state records, one former condemned inmate was eventually pardoned, and 2 had their cases dismissed. "That's the thing with the death penalty," said Dr. Marquart of the widely varying outcomes. "You don't know." About half of those paroled returned to prison, either for new convictions or technical violations of their parole, but many of them returned to quiet lives in the community. Mr. Broussard, for instance, has met with his parole officer regularly for 19 years. He has, he said, done all right - even though he wasn't sure he would. When first told about his parole after more than 15 years of incarceration, "I didn't want to go," he said. "I didn't know nothing but the penitentiary." Despite his trepidation, Mr. Broussard found work, got married, has not been in trouble with the law again and doesn't expect to be. He said he prays daily for forgiveness. Relatives of his victim could not be located. Different laws The sentencing laws under which Mr. Broussard and other inmates were imprisoned and released were far different from those now, even from when some of the current commutees were sentenced. In the 1960s, a death sentence could be handed down not only for murder but for armed robbery or rape. But inmates could accrue "good time" - time off a sentence for good behavior - and if someone got life, it usually meant about 14 years behind bars. At some points in prison history, when overcrowding was an issue, a lifer could come up for parole after serving far less time. Those commuted in 1972 spent an average of 10 additional years in prison. One got out 6 months later, when his case was overturned; that presumably could have happened even if he hadn't been commuted. Richard Dieter, executive director of the Death Penalty Information Center, said experience dictates that some of the recently commuted inmates will be paroled eventually. "It'll depend on the crime and it'll depend on the individual," he said, "but sure, some of them will be certainly eligible, and some will be paroled." By the time they are paroled, however, they will be different people, he said, because of the difference between ages 17 and 57. Former death row inmate Calvin Sellars agreed that age is a factor in how well an ex-con will do in the free world. "Time takes care of everything," Mr. Sellars said. "They straighten up, not because of choice but because of age. Time - it takes a toll on you." Mr. Sellars, 62, spent more than 6 years on death row. His cell was 12 feet from the electric chair, and he came within 18 hours of execution. 6 years after his sentence was commuted by the Furman decision, Mr. Sellars was released, not paroled. Representing himself, he convinced a federal judge in 1977 that he had been wrongly convicted on perjured police testimony. His case was dismissed. Mr. Sellars, who now works as a legal investigator, said he was not surprised to learn that most of the men he knew on death row had been paroled. "Time goes by, life goes on," he said, adding that the public eventually forgets even horrific crimes. He expects those recently removed from death row to walk free in the future. "They'll have to do 40 [years], and after they do the 40, just as sure as the sun's coming up in the morning, they'll get out," he said. Mr. Sellars returned to prison for 3 years in the mid-1990s for carrying a prohibited weapon. "You would have thought this guy would never get in trouble again," he mused. But, he said, he had a problem with alcohol and got into a confrontation at a bar while carrying a gun. He has quit drinking and hasn't had any other problems, and like Mr. Broussard, he doesn't expect to. Neither Mr. Broussard nor Mr. Sellars keeps in touch with fellow death row inmates. For Mr. Broussard, who is still on parole, it's against the rules. But Mr. Sellars said he has no desire to see the rest of the Furman 47. "No," he said, adding wryly that on death row, "there's no 'band of brothers.'" WHERE ARE THE FURMAN 47? A look at what happened to the 47 men whose death sentences were commuted to life terms when the U.S. Supreme Court abolished capital punishment in 1972. 40 were paroled or released -- 23 are alive today 22 have died 2 have undetermined fates 10 years served, on average, after commutation and before parole or release 18 of those released later had their parole revoked 22 of those released later had new convictions 9 of the convictions were for violent or sexual offenses* *The nature of one new conviction couldn't be determined. DALLAS-AREA INMATES Name: James Edward Antwine Crime: Killed a Dallas liquor store owner during a robbery in 1970 Parole history: Paroled in 1984; parole revoked, 1989; paroled again, 1990; revoked again, 1991 New offenses: Assault Current status: Incarcerated Name: Benny Longoria Crime: Killed an Ellis County storekeeper during a robbery in 1963 Parole history: Paroled in 1983 New offenses: Driving while intoxicated; 2 years' probation Current status: Deceased Name: William Samples Marshall Crime: Rape/murder of a Dallas teenager in 1965 Parole history: Never paroled New offenses: None known Current status: Incarcerated Name: Kenneth Bruce Martin Crime: Murder of a Duncanville couple in 1964 Parole history: Never paroled New offenses: None known Current status: Deceased Name: Kenneth McDuff Crime: Murder of 3 teens in Fort Worth in 1966 Parole history: Paroled, 1990; returned as a parole violator later that year. Parole reinstated; revoked, 1992, when charged with murder New offenses: Murder, sentenced to death 2 more times in the 1990s Current status: Executed, 1998 Name: Freddie Lee McKenzie Crime: Started a fire in a Fort Worth nightclub, killing 8 in 1968 Parole history: Never paroled New offenses: None known Current status: Incarcerated Name: Melvin Stuart Pittman Crime: Shot 3 people near Lake Arlington in 1966 Parole history: Never paroled New offenses: None known Current status: Incarcerated Name: Theo Thames Crime: Killed a tavern owner in Fort Worth in 1967 Parole history: Paroled, 1982 New offenses: Marijuana possession Current status: On parole Name: Earlando Williams Crime: Raped a Dallas homemaker in 1966 Parole history: Paroled, 1980; parole revoked after absconding, 1990; paroled again, 1991; revoked again, 1995; paroled again, 2002 New offense: None known Current status: On parole Name: Reginald Edison Wright Crime: Beat a man to death in Fort Worth in 1965 Parole history: Paroled, 1987 New offense: None known Current status: Deceased RECENT WAVE OF COMMUTATIONS Name: Robert Aaron Acuna Crime: Robbed and killed 2 people Where: Harris County Date of offense: 2003 Name: Steven Brian Alvarado Crime: Killed 2 people during a robbery Where: El Paso Date of offense: 1991 Name: Randy Arroyo Crime: Killed a man during a carjacking Where: San Antonio Date of offense: 1997 Name: Mark Sam Arthur Crime: Killed a man in a murder for hire Where: Harris County Date of offense: 1996 Name: Johnnie Bernal Crime: Killed a man during a robbery Where: Houston Date of offense: 1994 Name: Edward Brian Capetillo Crime: Killed a man and a woman Where: Houston Date of offense: 1995 Name: Raymond Levi Cobb Crime: Killed a mother and her infant daughter during a robbery Where: Huntsville Date of offense: 1993 Name: John Curtis Dewberry Crime: Killed a man Where: Beaumont Date of offense: 1994 Name: Justin Wiley Dickens Crime: Killed a man during a robbery Where: Amarillo Date of offense: 1994 Name: Tony Tyrone Dixon Crime: Killed a woman during a robbery Where: Houston Date of offense: 1994 Name: Derek Jermaine Guillen Crime: Killed a woman during a burglary Where: Temple Date of offense: 1998 Name: Jimmy Jackson Crime: Killed a man during a robbery Where: Houston Date of offense: 1985 Name: Eddie C. Johnson Crime: Killed a man Where: Fort Worth Date of offense: 1996 Name: Anzel Keon Jones Crime: Killed one woman and wounded another during a robbery Where: Paris Date of offense: 1995 Name: Leo Gordon Little Crime: Kidnapped and killed a man during a robbery Where: San Antonio Date of offense: 1998 Name: Michael Lopez Crime: Killed a deputy constable after a traffic stop Where: Houston Date of offense: 1998 Name: Jose Ignacio Monterrubio Crime: Raped and murdered a teenage girl Where: Brownsville Date of offense: 1993 Name: Efrain Perez Crime: Kidnapped, raped and killed 2 girls Where: Houston Date of offense: 1993 Name: Whitney Lee Reeves Crime: Killed a 14-year-old girl and her father Where: Beaumont Date of offense: 1999 Name: Jorge Alfredo Salinas Crime: Killed a man during a carjacking and abandoned an infant who later died Where: Mission Date of offense: 2001 Name: Christopher Julian Solomon Crime: Killed a man during a robbery Where: Texarkana Date of offense: 1997 Name: Oswaldo Regalado Soriano Crime: Killed a man during a robbery Where: Canyon Date of offense: 1992 Name: Robert Springsteen IV Crime: Participated in a robbery where 4 teenagers were killed Where: Austin Date of offense: 1991 Name: Son Vu Khai Tran Crime: Participated in the murder of 4 people Where: Houston Date of offense: 1997 Name: Raul Omar Villarreal Crime: Kidnapped, killed 2 girls Where: Houston Date of offense: 1993 Name: Bruce Williams Crime: Abducted 2 women and killed 1 Where: Dallas Date of offense: 1999 Name: Nanon McKewn Williams Crime: Killed a man during a robbery Where: Houston Date of offense: 1992 Name: Geno Capoletti Wilson Crime: Killed a man during a robbery Where: Houston Date of offense: 1998 Name: Mauro Barraza* Crime: Killed a woman during a robbery Where: Haltom City Date of offense: 1989 *Sentence had already been reduced to life by a court decision (source: Dallas Morning News) VIRGINIA----stay of impending execution Execution scheduled for Wednesday will not go forward The execution of a Centreville man convicted in the murder-for-hire shooting of his marijuana supplier will not take place as scheduled Wednesday. The U.S. District Court for the Eastern District of Virginia in Norfolk on Friday issued a stay of execution for Justin Michael Wolfe after the U.S. Supreme Court rejected Wolfe's petition for a stay. Wolfe's attorneys said they also plan to file a federal habeas corpus petition, which essentially launches Wolfe's post-conviction federal appeals process. "We do think there are a lot of unanswered questions in this (case)," said Jane Luxton, one of Wolfe's attorneys. Wolfe, 23, had been scheduled to die Wednesday for the 2001 slaying of 21-year-old Daniel Petrole Jr. Wolfe, Petrole and gunman Owen Merton Barber IV of Chantilly had been members of a marijuana ring operating throughout northern Virginia. Barber agreed to plead guilty to 1st-degree murder and testify against Wolfe in exchange for a life sentence, which he is serving at Wallens Ridge State Prison in Big Stone Gap. (source: Associated Press) PENNSYLVANIA: Covington May Plea To Avoid Death Penalty----Police Still Investigating Past Shootings A guilty plea could be forthcoming in the case of accused serial killer Juan Covington. Under the proposed agreement, CBS 3 Investigative Reporter Walt Hunter has learned Covington would admit to several murders and shootings and in exchange, avoid the death penalty. It is still very early, but preliminary discussions behind the scenes indicate the attorney for Juan Covington might agree to have him admit to several murders and shootings in return for avoiding a trial that could land him on death row. Meanwhile, the family of a man in jail almost a year for a shooting that Covington is now suspected of wants their loved one released. "I know for a fact that he did not shoot anybody, he would not shoot anybody, he is innocent," said Gloria Jackson. Jackson says from the moment her cousin, Clyde Johnson, was arrested, she knew police had the wrong man. Johnson was a social worker with no prior criminal record. He was arrested for allegedly shooting a man at a Logan intersection. "He was innocent, he was at work when the shooting occurred," said Jackson. Now, after Johnson has spent a year behind bars for a crime his family says he did not commit, ballistics tests on guns found in the home of murder suspect Juan Covington indicate it was his gun used in the shooting. Johnson's attorney, David Mischak told CBS 3s Walt Hunter he wants charges against his client dropped as soon as possible. "The smoking gun's been recovered in this case and the smoking gun says my client, Clyde Johnson, is innocent in this case," said Mischak. Police say they charged Johnson primarily because his photo was picked out by the victim and a witness at the shooting scene. But a comparison of Johnson's photo and Covington's sketch shows little resemblance raising still more questions about why Johnson was charged in the first place. "This is an identification case with no other evidence. No physical evidence, no motive evident. It's a case of mistaken identity," commented Mischak. Currently, Covington is only formally charged with the murder of hospital worker Trish McDermott on May 17th and the 1998 killing of his cousin, reverend Thomas Devlin in Logan. But criminal charges in another murder in Logan, along with 2 shootings, are expected to be filed in the near future. If Covington does plead guilty, it would not just spare him the death penalty, it would also spare the families of his alleged victims the agony of attending trials. Sources caution that plea negotiations are delicate and can break down even at the last minute. Neither side could be reached for comment. (source: CBS TV News)
