Nov. 2
TEXAS----impending (Dec. 7) execution
THE CASE OF TONY FORD: A MISTAKEN CONVICTION ABOUT TO BECOME A WRONGFUL
EXECUTION
A brief history of Tony Ford's case
Tony Ford was the driver for 2 brothers, Van and Victor Belton, who went
to a house in El Paso, Texas to collect a drug debt in December, 1991.
After knocking on the door, the brothers barged their way in. Finding that
the man they were looking for was not there, they demanded money from the
woman who owned the house, her two young adult daughters, and her
seventeen-year-old son. They then shot each of the family members, killing
the son, seriously wounding (and permanently disabling) the mother, and
not seriously injuring either daughter. Van Belton was arrested because
one of the daughters had gone to school with him and recognized him. Van
told the police Tony was the other assailant (even though Tony remained
outside in the car). Tony was arrested and his photo was put in a
suggestive photo array. Both daughters identified Tony - from the array of
six photographs that did not include Victor Belton -- as the second person
and as the shooter. Victor Belton and Tony looked remarkably similar, were
nearly the same age, nearly the same height, and nearly the same weight.
The shooter wore a stocking-type cap down to his ears. The victims are
Mexican American. Tony and the Beltons are African American. There was no
other evidence that put Tony in the house that night.
At trial, the defense asked for funds for an eyewitness identification
expert to help them challenge the daughters' identifications of Tony. The
court denied the request. The case went to trial without such an expert.
Tony was convicted and sentenced to death, despite his testimony that he
was not involved in the home break-in and murder.
During federal court review of Tony's case, he was provided funding for an
eyewitness identification expert (Roy Malpass, from the University of
Texas-El Paso). With that funding, Tony was able to show how an expert
like Dr. Malpass would have helped: (1) explaining the great risk of
erroneous identification in cross-racial crimes like this one, (2)
explaining that witness certainty in the accuracy of the identification
bears no relationship to accuracy (especially where a gun was used and the
glimpses of the assailant were brief, under great stress, and obscured by
a cap worn by the assailant), (3) conducting empirical studies that showed
that Victor Belton and Tony Ford looked much more like each other than
anyone else in the photo array and that Tony looked much more like the
described assailant than anyone else in the photo array, and (4)
explaining how one of the identifications was preordained by that witness
seeing Tony's photo in the newspaper (identified as a suspect) before she
saw the photo array.
Despite this unfairness and the risk that Tony was wrongfully convicted,
the federal courts have upheld Tony's conviction and death sentence. The
final effort at getting the federal courts to intervene - a petition in
the United States Supreme Court - was filed in early October.
Tony Ford's case is emblematic of the unfairness that occurs in the U.S.
criminal justice system
Tony Ford was too poor to afford a lawyer when he was charged with capital
murder. He was represented by attorneys paid by the court and dependent on
the court for funds for investigation and expert assistance. The court
denied the lawyers' most important request for funds - for an expert who
could help the jury understand why the identifications of Tony by the
eyewitnesses were likely mistaken. Without that testimony, the jury
credited the identifications, even though no other evidence showed that
Tony was in the victims' house.
By the time Tony's case was being reviewed by a court that was willing to
provide the funds for an eyewitness expert, it was too late. The
presumption that Tony was actually guilty and properly convicted and
sentenced to death was formidable. The two levels of federal court review
so far have focused only on ways to deny Tony's claims of injustice,
rather than assessing the injustice openly and fairly. The United States
Supreme Court sometimes cuts through this fog of denial, sees injustice,
and corrects it - but not very often. We remain somewhat hopeful that the
Supreme Court will remedy the injustice in Tony's case because it is so
stark, but we know that grave injustice often goes unheeded, even by the
Supreme Court.
The sad truth is, if Tony could have afforded to hire an eyewitness expert
at trial, he very likely would not have been convicted and would not now
be facing execution.
Why we can still win Tony's case
We believe we can still win Tony's case, because we believe that Tony has
always told the truth about what happened that night. All the evidence we
know about supports Tony's story. Through further investigation since the
trial, we have begun to uncover additional evidence supporting Tony's
account of what happened. We hope that we will be able to go back to court
with new evidence, or we may be able to persuade the prosecutors and the
governor of Texas that Tony has been mistakenly convicted.
Time is short
On September 2, 2005, the trial court in El Paso scheduled Tony's
execution for December 7, 2005. People concerned about justice for poor
people in Texas facing execution need to speak out about Tony. If voices
are clear and loud, they will be heard by Governor Perry and the court.
Richard Burr and Michael Charlton----Attorneys
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Confessed killer of 9-year-old girl set to die
Condemned killer Melvin Wayne White blames a drinking problem that started
when he was a young teenager for the abduction, sexual assault and fatal
beating of a 9-year-old girl from his West Texas neighborhood.
"I messed up, that's all there is to it," White, 55, said last week from a
tiny cage outside Texas' death row at a prison near Livingston, where he
was sent for the 1997 slaying of Jennifer Gravell.
White faced lethal injection Thursday evening in Huntsville for the
murder. The execution would be the 16th this year in Texas and the 1st of
4 set for over the next two weeks in the nation's busiest capital
punishment state.
The Texas Board of Pardons and Paroles, in a pair of 6-0 votes Tuesday,
denied requests that his execution be put off for 90 days and that his
death sentence be commuted to life. The U.S. Supreme Court last month
refused to review his case.
"The way I look at it, I hope for the best and expect the worst," he said.
"That way you're not disappointed. But in my frame of mind, if it goes
through, I'm ready for it."
Ori White, the district attorney in Crockett County who prosecuted the
case, called the murder a heinous crime.
"Melvin White deserves the death penalty, absolutely," Ori White said.
Melvin White, who lived 2 houses from the girl in the town of Ozona,
attended a neighborhood barbecue the evening of Aug. 7, 1997, and went
home after downing several drinks. Testimony at his trial indicated the
girl showed up at his house after another neighbor declined her request to
go for a ride.
White took her in his pickup to a roadside rest area outside Ozona, about
200 miles west of San Antonio, where the girl was bound with black
electrical tape, had a sock stuffed into her mouth and was sexually
assaulted with a screwdriver. Then she was hit repeatedly with a tire iron
before her body was dumped behind a water tank.
Authorities later found in a trash can in White's house the girl's
underpants, sandals and a ball of tape with her hair on it. White
confessed to a Texas Ranger and told where the body could be found. A
witness had told authorities, after the girl was reported missing, that he
saw White in his truck with what he believed was a blond person. The
victim had blond hair.
"I don't remember much about it because I was drinking," White said. "She
was my neighbor. I watched her grow up. She'd come down to my house. I
fixed her bicycle. She and I both just had to be in the wrong place and
the wrong time. I really hate it."
White, who grew up in Big Lake, about 70 miles west of San Angelo, had
lived in Ozona since the early 1970s and worked at a gas plant. The day of
the slaying he'd been drinking all day.
"I always bought vodka in half gallons," he said. "I'd drink one of those
every three days, and that doesn't count when I'd go to the bar. I'd done
some serious drinking. ... At the rate I was drinking, if I hadn't come to
prison, I'd probably killed myself, drink myself to death."
White said he succumbed to peer pressure and began drinking as early as
age 13 or 14.
But prosecutor Ori White told jurors at the trial Melvin White's alcohol
explanation was a convenient excuse to cover up his history as a
pedophile. Testimony showed White had assaulted an underage daughter,
forced her to perform oral sex, raped her and offered to pay her $50 a
week to perform sexual favors.
Next on the execution schedule is inmate Charles Thacker, facing injection
Nov. 9 for strangling a Houston woman while attempting to rape her. 2 more
Texas inmates are set to die the following week, another in December and 5
have execution dates for early next year.
ON THE NET----Texas execution schedule:
http://www.tdcj.state.tx.us/stat/scheduledexecutions.htm
(source: Associated Press)
*****************************
Dear Friends,
Greetings to you all. As you know, from time to time, we send out messages
to try and keep as many people aware of what's going on, on my end. In the
last year quite allot took place from my use of force case in 2004 to my
reversal in March 2005. Well the struggle continues. Today I have urgent
news to bring.
Since we've been at this unit (over 5 years now) the death row
administration has been adamant about subjecting us to the most inhumane
conditions thinkable. They have been done to us all purposely and
malicious as revenge tactics for the 1998 escape from Ellis 1. The hostile
conditions here are too many to name, though I will cite a few now and
give a wider list later, and it has send many inmates into a state of
despair, hopelessness, rage and -for some- emotional/ mental ailments.
These things rarely come to light - in part our own fault because we have
been sucked into these conditions and have not waged a proper campaign
against these conditions. That's about to change.
A few years ago a handful of death row inmates launched into protest
against this oppressive and vindictive administration. Due to upheaval
small accomplishments were made, but that mostly ended up being for
personal gain as the administration used a very smart counter attack to
put out the fire by granting certain protesting inmates personal favors.
It was done in part of fear of the masses of inmates uniting and in part
to pacify.
Anyhow, it worked thus no relevant change has taken place for death row.
Over the years I never took part in any of these"protests" because they
were not well organized. It was mostly chaotic raging. I disagree with
such actions- not just on a personal basis but because I know this will
not change anything on a wide scale. Allow me to give you some true
education to the prison society. This is a controlled environment meaning
the inmates wield only so much power. Inmates can protest, riot whatever,
but in the end when the penal colonies are ready to quell the storm they
will send in an army or national guard (with bombs, guns etc) if they have
to. This happened in Attica prison in the 70's in New York when inmates
took over the prison fighting for better conditions. Then governor, Nelson
Rockerfeller, sent in the troops and slaughtered a mass of inmates and
guards. Any of you can Google the name Attica Prison Rebellion and read
details about it. True victories would not be won until allot later after
public outcry and legal concessions. It seems it always takes the first to
get the second. These are the conditions of American prisons that you
rarely hear about.
Because I have spent 9 years studying this system I know it well enough to
know when and how to wage a battle. Previous "protests" here never made
any difference because no one from the outside was greatly involved. For
victory to happen there must be a bombardment from BOTH sides.
I was recently approached by an established resister here and we went into
dialogue about our conditions and what could be done. I gave my opinions.
They were looked upon with agreeance and at that point a pact and meeting
of the minds were birthed.
I have expressed to any and all prisoners that will listen that I will
support the righteous causes, but I will not be a rebel without a cause.
So, either we protest in an organized fashion otherwise there is no real
protest. With ones acknowledging this reality I now can take part.
People- we as death row inmates are tired of the conditions and neglect
here. Not even with suicides (we had 2 in 2004) does the outside seem to
take all of this seriously.
We're tired of being the only death row in America with no TV's. We're
tired of living in polluted cells that leak when it rains and ants come
out of the floors. The administration will not fix these things and refuse
to move us into another cell because they say it's not "life threatening"
We have formulated a list of all the inhumane treatments and they will be
disseminated at the proper time for the world to see. I prepare you now
for the up-and-coming events because I will be requesting of you your
assistance.
For any of you on this e-group now is the time for you to act and not just
read e-mails. This is urgent.
The death row activists participating will all consolidate as one, under
one title and purpose and that name, conceived by earlier mentioned
resister (names will be withheld for now) as D.R.I.V.E protest. DRIVE
stands for: Death Row Inner-communalist Vanguard Engagement. The purpose
of this name is a reflection of the unity beyond race and ideology as
front line fighters engaged in protest. We are driven by the passion for
humane conditions and are driving towards change. We are resolute!
I will be bringing to this movement access to the activists I know in
society- an aspect previously vacant. My first goal for us will be to
construct a DRIVE web-site to publicize every step of this protest. If no
one knows it exists it will not exist. It's not good enough for any of you
to verbalize being against the death penalty (not saying you all do), but
we need you to help us expose our protest and back us up with phone calls,
emails and petitions. Information to this unit, who the wardens are, the
Governor, TDC board, Ombudsman etc. will be posted on the site so people
know who to petition and about what. When an event takes place- you'll
know it and know what we need done. Little by little you will receive
preparation news and I ask that you DO prepare. We can't live like this
anymore. They are executing us in deplorable conditions by the masses and
many waiting in line are doing so suffering from mental and physical
illnesses. They will not treat us properly because their view is we'll be
executed so why waste time, money and recourses? They don't give merit to
the anti-death penalty movement. They didn't believe the juveniles would
leave, they are in denial that innocent people have left death row or will
get a lesser sentence and one day go home. Well we're going to speak up
for those people.
As for me personally, my protest may start just a little bit early as to
my pain and disgust my best friend, Tony Egbuna Ford, was given an
execution date for December 7th , 2005.
We are outraged as Tony should not be on Death row. He has decided to
protest his wrongful execution as I, plus others will stand with him.
Though it'd be impossible for me to protest for every man with an
execution date (that'd be too many- Texas kills too many people). I have
told my closest friends that if they protest so shall I. We are all in the
same boat here. We are family and we must support each other. If Tony is
to be wrongly executed he will leave here knowing his life was worth
something. Last year I lost two good brothers (Dominique Green and
Frederick McWilliams). Both walked quietly to their murderers. I quietly
loved them when they left. Tony won't be participating in his execution
quietly so I will be loving him LOUDLY! I also do this because I hope
others would do the same for me if I was in this same situation, and as
long as I am on Death row that is possible.
I have been on Death row since July 1997 and I've been in the midst of
over 200 murderers. My soul has been tarnished by this. My stomach chums
at this process. I've watched men fight to their last breath, I've seen
some cry, I've cried with some and sometimes you have to fight. When I
embraced being a prisoner activist I embraced this aspect too. I can't
designate times to you right now, but you will know when it begins.
We will be seeking outside coverage from local activists- Some who know
Tony's case and have spoken out for him. Unfortunately, it seems it takes
a person to receive a date of execution before people on the outside get
involved- as with the case of Frances Newton who sat on Death row for
about 17 years with no action. This is outrageous and Texas activists
should feel shame. This must stop!!! What will it take? Texas activist
UNITE and fight this cause in the way of true warriors.
What's coming will not be easy, but I do not accept a mission with failure
in mind. We come to win or we won't come at all. I'm calling out the 4
major anti- Death penalty groups in this e-mail to act.
-Texas coalition to abolish the death penalty
-Texas Death penalty abolitionist movement
-Campaign to end the death penalty
-Amnesty international
Smaller groups and affiliates, newsletters, professors etc included. I
will call upon out of state groups as well as from the CEDP and ones like
Human right coalition, Canada coalition to abolish the death penalty etc
I do the same to overseas groups as ALIVE, coalition for truth and
justice, struggle for justice, Paul Rougeau committee, Comunita st. Egidio
and other smaller affiliates.
My group, visions for life, is in it to win it.
Ask yourselves the question -with all of these groups named (and this is
not all of them) why are death row inmates still suffering and being
killed- with Texas, the centre of all attention, being at the bottom?
Think about that.
This is only a prelude. Wars often start and stop. The war is back on
here!
You'll hear from DRIVE shortly.
Never Accepting Defeat.
Haramia KiNassor
(Kenneth E. Foster Jr.)
