[Deathpenalty] death penalty news-----TEXAS

[Rick Halperin]

TEXAS:


TEXAS----impending execution

Man To Be Executed For Torture, Murder


A man who pleaded guilty to a triple slaying where 2 of the victims were
injected with cleaning fluid before they were fatally stabbed was set for
execution.

Clifford Kimmel, 32, faced lethal injection Thursday evening -- the 25th
this year in Texas -- for the torture and fatal stabbings during a 1999
robbery in San Antonio.

His plea, as his capital murder trial was getting under way, left a Bexar
County jury with only a decision whether he should spend life in prison or
die for the deaths of Rachel White and Susan Halverstadt, both 22-year-old
topless dancers, and a friend of theirs, Brent Roe, 29.

Jurors chose death. An accomplice, Derek Murphy, received a life prison
sentence.

While two of the victims were injected with a syringe containing a
bathroom cleanser, all 3 were stabbed with a Bowie knife by Kimmel and his
partner.

The U.S. Supreme Court in April refused to review Kimmel's case, the Texas
Board of Pardons and Paroles turned down a commutation request in a 7-0
vote this week and no late efforts were in the courts to block the
punishment.

"I have exhausted all my legal options," lawyer Michael Gross said.

Kimmel and Murphy were arrested about six weeks after the April 1999
murders at White's apartment. The victims' bodies were found more than
three days after the attacks when friends, concerned that none of the
victims had been seen or heard from, asked an apartment complex worker to
check on them.

White was found stabbed multiple times in the neck and chest. Roe had died
of stab wounds to his neck, chest and abdomen. Halverstadt had two wounds
to her neck.

"I'll never go to (my sister's) wedding or get to hold her hand during
labor," White's sister, Melissa, told the San Antonio Express-News. She
planned to attend the execution.

Authorities arrested Kimmel and Murphy after tracking down charges made on
a credit card stolen from one of the victims. Kimmel had been out of
prison about 6 months, released on mandatory supervision after serving
about 1 years of a 6-year term for burglary.

Murphy pleaded not guilty and was tried separately in Bexar County.
Besides the life term for capital murder, he received a second life
sentence for an armed robbery he, Kimmel and two others were accused of
committing three days before the triple slaying.

At his trial, Kimmel's lawyers argued unsuccessfully for a life sentence,
saying Kimmel had a long-term drug problem and presenting witnesses who
said Kimmel was repentant.

According to his written confession, Kimmel said he and Murphy previously
had been to the apartment, where investigators said a number of people had
bought and used drugs.

"They saw a bunch of electronics so they went back a few days later to
steal them," said Jim Wheat, who prosecuted Murphy's case.

They got in under the guise of wanting to use the phone. After the
slayings, they took White's stereo, video cassette recorder and her purse,
Roe's wallet, a jewelry box, a bong, a silver letter opener and some music
CDs. They sold much of the stolen property and used White's credit card.

A defense psychiatrist testified Kimmel had been a heavy user of
methamphetamines since he was 13 or 14. He dropped out of school in the
11th grade, had numerous arrests as a juvenile and had been on probation
for burglary, shoplifting and indecency with a child.

As an adult, he was convicted of burglary and placed on probation, which
he violated when he was arrested for criminal trespass and carrying a
loaded handgun. Court records showed that while on probation, he tested
positive for marijuana use, tried to break into his parents home,
disappeared from a restitution center and finally in April 1997 was
sentenced to 6 years in prison. He was released after 19 months but
disappeared from a halfway house less than 2 months later after testing
positive for cocaine and marijuana.

2 more executions are set for next week in Texas. The 1st is Michael Wayne
Richard, 49, set to die Sept. 25 for the 1986 rape-slaying of Marguerite
Dixon during a burglary of her home in Hockley northwest of Houston.

(source: NBC News)

*******************

Unjust Treatment: DA should see victim's father


Elected judges are in a somewhat unusual political position in that they
must campaign just like any other office-seeker, but, once in office, we
rarely hear from them.

Their position is, in some substantial respects, unlike that of say,
members of city councils, county commissions or other legislative bodies.

While the latter are called upon to cast votes, propose ideas, defend them
publicly and court the media, members of the bench are largely forgotten
about once elected -- how many district judges can you name?

Part of this is political, part structural. In general, we usually do not
hear from judges unless someone raises a ruckus about their conduct in or
out of court or they happen to face some unusual political situation when
they run for re-election.

That is what happened last November when straight-ticket Democrat voters
ousted dozens of incumbent judges in Dallas County, many of whom were n
somewhat justifiably, perhaps n shocked by their defeats.

They had thought that they were quietly and effectively running their
courts and dispensing justice the right nonpolitical way, and so what was
the big deal? Why did they kick us out? John Roach was a judge for 20
years before he ran successfully for Collin County district attorney in
2002. Having the advantage of serving as a judge, he did not have much of
a record that could be examined for voters' benefit when he ran, so we
really dont know much about that. This is a persistent problem in trying
to evaluate judges' performance.

But at the time he said he had definite ideas about how the prosecutorial
office would operate during his four-year term and that he planned to
adjust some policies in the interest of seeing the system work
"adequately, efficiently and fairly" as an "advocate for victims of
criminal offenses."

In this respect, he said he considered flexibility important. "I'm not too
fond of rules without exceptions," he told our readers at the time.

The problem that he has run into is that the offices, actions and
prerogatives of district attorneys differ sharply from those of judges.
DAs, for better or worse, are forced into the public eye at a much higher
level, usually as a result of high-profile prosecutions.

It is not clear whether Roach has made this transition successfully.

In his prosecution of what was probably Collin County highest-profile
crime last year, at least in terms of media exposure, Roach has decided to
seek the death penalty against the 26-year-old Dallas man accused of
murdering 40-year-old Frisco Realtor Sarah Anne Walker in McKinney last
year.

But Roach has committed a major error in his handling of this case n not
from a legal standpoint, but from a human one.

Roach has informed Walker's father, Joe Walker, that he would seek the
death penalty in this case.

The first part of problem with this is that the suspect, Kosoul
Chanthakoummane, has not even had a trial yet; he has not even been
convicted.

We must question why sentencing is even being discussed at this point
since the state has yet to make its case for capital murder in a public
trial. Perhaps the jury will decide it was manslaughter or even that the
defendant is not guilty - we really don't know at this point.

If Roach is confident of a conviction of capital murder, that is fine. But
let's give the jury its say first.

It's this seeming rush to execute that helps explain why Texas ends up as
the butt of so many late-night comedians' jokes on this topic.

The 2nd part of the problem is that Roach declined to discuss the possible
sentencing with Joe Walker, a death-penalty opponent who wanted
prosecutors to allow the defendant to plead guilty and accept a sentence
of life without parole, which is now permissible for a capital murder
conviction under a law passed by the 2003 legislature.

One of Roachs assistants, Greg Davis, told the McKinney Courier-Gazette, a
publication of Star Community Newspapers of Texas, that while prosecutors
respected Walkers feelings, they felt compelled to take into account "the
needs of the entire community."

Our questions would be: How did they determine those needs and what are
those needs? Did they conduct a poll?

The legislature's action in 2003 and U.S. Supreme Court criticisms of a
number of Texas death-penalty convictions in recent years, as recounted in
a New York Times analysis, suggested many people in the community may have
grown a bit tired of Texas nation-leading execution rate.

All victims, through their survivors, must have their say. And when Roach
rejected Joe Walker's justifiable and understandable importunities, he
forgot about the person for whom Walker was speaking.

DAs are coming under increasing scrutiny in this country. Consider the
example of Mike Nifong and allegations made in connection with his
handling of the Duke University lacrosse case.

Judges may retreat to their chambers and decide cases for reasons that
they may never have to explain publicly.

But district attorneys must always sit down with the families of murder
victims, regardless of their personal beliefs of what they may think the
entire community believes.

(source: Editorial, Plano Star-Courier)

*******************************

Former Willis resident pleads guilty to slayings


A former Willis resident pleaded guilty Wednesday to shooting 3 of his
friend's family members, killing 2, and he has accepted a sentence of life
in prison.

Chris Allen Brashear, 25, who entered his plea in the 400th state District
Court was scheduled to go to trial in November.

"He pleaded guilty today because he was guilty," Brashear's attorney,
Edward Chernoff said.

Brashear conspired with his former Bentwater co-workers, Thomas "Bart"
Whitaker and Steven Champagne, to kill Whitaker's family because Bart
Whitaker stood to inherit more than $1 million in assets, according to
court documents.

Whitaker was sentenced to the death penalty after a Fort Bend County jury
found him guilty of capital murder in March. Police records show that Bart
Whitaker allegedly plotted to kill his family several times.

Bart Whitaker's mother, Patricia Whitaker, 51, and his brother, Kevin
Whitaker, 19, were gunned down in the family's Sugar Land home on Dec. 10,
2003. Bart Whitaker and his father, Kent Whitaker, were also shot.

Champagne testified during Whitaker's trial that Brashear was the gunman.
He also testified that Bart Whitaker was shot so the incident looked like
a burglary.

According to Chernoff, Brashear did not know Bart Whitaker's family.

During Brashear's plea hearing Wednesday, Kent Whitaker forgave Brashear
for shooting him and killing his wife and son, Chernoff said.

"During his time in jail, Chris Brashear has experienced a religious
conversion to Christianity," Chernoff said. "Bart Whitaker's father told
Chris he forgave him at the hearing and he said he hopes Chris will seek
Jesus."

Fort Bend County Assistant District Attorney Fred Felcman did not return
calls Wednesday. Although Brashear received a life sentence, he will be
eligible for parole in 30 years, Chernoff said.

Champagne's trial is scheduled for November, but, his attorney, J. Gordon
Dees, has told The Courier that Champagne made an agreement with the state
to testify at Brashear's and Whitaker's trials in exchange for a reduced
murder charge. He is expected to serve 15 years in prison.

(source: Houston Community Newspapers)

********************

Mother Of Burned Kids Was Angry With Husband, Report Says


Court documents released Wednesday indicate a Haltom City mother allegedly
set her 3 young girls on fire because she was mad at her husband.

Neighbors said a 7-year-old pulled from a burning house Saturday with her
2 younger sisters screamed, "Why mommy? Why mommy? Why did you do this to
me?"

The girl told a rescue worker that she and her 3- and 5-year-old sisters
were playing in their room when their mother, Alysha Green, asked if they
wanted to play a game and told them to wait in a closet, according to a
search warrant affidavit filed by Haltom City police. Green then opened
the door and threw a burning shirt on them, the affidavit said.

Green told an officer that she threw gasoline on her daughters and set
them on fire because she was mad at her husband, the affidavit said.

Green, 29, had been diagnosed with bipolar disorder but stopped taking her
medication, according to documents filed by Child Protective Services.

Adam Green also told investigators his wife's behavior worsened in the
last three weeks and that she previously threatened to set him on fire,
the agency said.

Three-year-old Ariania Green died Tuesday after being removed from life
support. About 90 percent of the girl's body was burned, according to
court documents.

The older girls -- Alexandria, 5, with burns covering about 40 % of her
body, and Adamiria, 7, with burns covering nearly 20 % of her body --
remain hospitalized, though their precise conditions have not been
released.

"Whoever takes care of these children will have to understand that they
will need ongoing medical care," said Marissa Gonzales, a spokeswoman for
Child Protective Services, which was granted temporary custody of the
girls after the fire.

Police have said Alysha Green will be charged with capital murder.

Prosecutors have not decided whether to seek the death penalty, assistant
Tarrant County District Attorney Alana Minton said. Green also has been
charged with serious bodily injury to a child, which carries a maximum
penalty of life in prison.

The mother, who is hospitalized with burns on her feet, does not yet have
an attorney, Minton said.

(source: NBC News)

****************************************

Poll suggests Friedman would be severe underdog as Democrat----Yet
Democrats and independents share misgivings over death penalty.


Surely it's too early to dismiss humorist Kinky Friedman as a Democratic
candidate for governor in 2010.

But an early poll looks bad for him. The August poll of 350
Democratic-leaning and 150 independent voters, taken by Wilson Research
Strategies, shows that he would have trailed others if the primary were
held then.

Houston lawyer Chris Bell, the Democrats' 2006 nominee, was favored by 22
% of Democratic primary voters. Tony Sanchez of Laredo, the Dems' '02
nominee, drew 15 %; former state Comptroller John Sharp got 13 %; and Bill
White, the Houston mayor who might run for governor, won 12 %.

Friedman, who placed 4th running as an independent last year, was favored
by 9 percent of Democratic primary voters.

That's arguably a weak enough showing for any aspirant to say, "So long,
Democrats." But it could be that the poll illuminated the topic that will
fuel another Friedman run.

The poll tested seven questions related to the death penalty in Texas,
showing that Democrats and independents have misgivings about how Texas
applies the punishment.

Less than half the polled voters favor abolishing the death penalty. But
79 % said they're concerned about the possibility of innocent people being
executed; 45 % are very concerned.

Granted, the poll didn't include Republicans, effectively overlooking the
party whose candidates have won every statewide office since 1998.

Is it still meaningful that 4 in 5 Democrats and independents have
misgivings?

My sense: It'll take Friedman stumping before anyone knows. It's that hard
in tough-on-crime Texas to envision another candidate questioning the
death penalty, though Bell would support a moratorium while cases are
reviewed.

The polled voters appear uncertain what to do about the death sentence,
which has been carried out more than 400 times in Texas since 1982.

Very few of the voters rate abolishing the penalty as a vital issue. 44 %
of voters prefer life without parole as the punishment for people
convicted of capital murder, with 30 % sticking with the death penalty and
14 % preferring life in prison with a chance of parole.

Last year, Friedman questioned the guilt of 1 death row inmate. He said he
wasn't anti-death-penalty, just anti-the-wrong-guy-getting-executed.

In a conversation this week, he sounded like he's since taken a big step.

"I don't care about polls when it comes to the death penalty," he said.

"It's really holding Texas back from what it could become. Absolutely,
it's got to go."

Wilson Research Strategies polled 500 voters in August.

The sample included 200 Democratic primary voters, 150 Democratic-leaning
voters who said they don't vote in primaries and 150 independent voters.
The mix ended up being 70 % Democratic, 30 % independent.

Very few rated abolishing the death penalty as the most important issue.
Health care was the No. 1 concern of primary voters. Education ranked
first among nonprimary Democratic voters. Cutting wasteful spending was
first for independents.

If the Democratic primary were held in August, the 2006 gubernatorial
nominee, Chris Bell, would lead with 22 % of the Democratic primary
voters. The party's 2002 choice, Tony Sanchez of Laredo, would run 2nd,
just ahead of John Sharp, the former state comptroller, and Bill White,
the Houston mayor. Kinky Friedman drew 9 % of the Democratic primary
voters, though he led among independent-minded voters with 17 %, with Bell
2nd with 9 %. 30 % of Democratic primary voters in the poll were
undecided.

42 % of all voters favored abolishing the death penalty, with 47% of all
voters opposing abolition. 48 % said the death penalty is totally morally
acceptable, with 31 % rating it morally wrong.

79 % of all the polled voters said they are concerned about the
possibility that the state is executing some innocent people. 45 % of all
voters were very concerned.

44 % of voters said they preferred life without parole as the punishment
for people convicted of murder, and 30 % favored the death penalty. 14 %
chose life with a chance of parole.

If a candidate were to run on abolishing the death penalty, 46 % of all
the polled voters would likely support them, 37 % would not likely support
them, and 17 % said either it depends or did not know/refused to answer.

55 percent agreed that a disproportionate or unfair number of poor people
are on death row, 21 percent disagreed and 23 % did not know or refused to
answer.

54 % agreed that if Texas abolished the death penalty but remained tough
on crime, the state would be sending a message to the nation that killing
is wrong no matter whether a person or government does the killing; 33 %
disagreed.

(source: Commentary----W. Gardner Selby, Austin American-Statesman)

***************************************

Texas moms getting bad publicity

A mother drowns her five children in the bathtub. A woman beats her sons
to death with rocks. Now a suburban mom is accused of dousing her three
daughters with gasoline and setting them on fire.

Some of the most horrific examples of mothers killing or injuring their
children have happened in Texas, though experts suspect the nation's
second-most populated state hasn't seen more than its share of such
attacks.

"Some cases become high-profile because the public gets more interested in
dramatic cases," said Jill Korbin, an anthropology professor and director
of the Schubert Center for Child Studies at Case Western Reserve
University in Cleveland.

In the latest case, neighbors said a 7-year-old pulled from a burning
house Saturday with her two younger sisters screamed, "Why mommy? Why
mommy? Why did you do this to me?"

Alysha Green, 29, accused of coaxing her children into a closet and
burning them, had been diagnosed with bipolar disorder but stopped taking
her medication, according to documents filed by Child Protective Services.

Adam Green also told investigators his wife's behavior worsened in the
last three weeks and that she previously threatened to set him on fire,
the agency said.

Three-year-old Ariania Green died Tuesday after being removed from life
support. About 90 percent of the girl's body was burned, according to
court documents.

The older girls -- Alexandria, 5, with burns covering about 40 % of her
body, and Adamiria, 7, with burns covering nearly 20 % of her body --
remain hospitalized, though their precise conditions have not been
released.

"Whoever takes care of these children will have to understand that they
will need ongoing medical care," said Marissa Gonzales, a spokeswoman for
Child Protective Services, which was granted temporary custody of the
girls after the fire.

Police have said Alysha Green will be charged with capital murder.

Prosecutors have not decided whether to seek the death penalty, assistant
Tarrant County District Attorney Alana Minton said. Green also has been
charged with serious bodily injury to a child, which carries a maximum
penalty of life in prison.

The mother, who is hospitalized with burns on her feet, does not yet have
an attorney, Minton said.

Experts say women who turn against their children do it for a variety of
reasons, including mental illness, abuse that turned deadly or revenge
against the youngsters' father. Others intend to commit suicide, and
decide also to kill their children so they won't be left alone, said
Geoffrey McKee, author of "Why Mothers Kill: A Forensic Psychologist's
Casebook."

Nearly 1,500 children died from abuse or neglect in 2005 -- more than a
fourth those at the hands of their mothers, according to a study by the
U.S. Department of Health and Human Services' Administration for Children
and Families.

Cheryl L. Meyer, co-author of "Mothers Who Kill Their Children:
Understanding the Acts of Mothers from Susan Smith to the Prom Mom," said
she studied about 200 cases of mothers who killed their offspring.

"In almost every case, people knew what was going on and just didn't step
up to the plate," Meyer said. "In some cases, social services were
available but the mothers didn't access them, sometimes over fear of
losing their kids. The last person who will tell you they have a mental
illness is people with mental illnesses."

In 1994, South Carolina mother Susan Smith rolled her car into a lake,
killing her two toddler sons strapped inside. In 1998, Khoua Her killed
her six children in St. Paul, Minn., and tried to hang herself.

Last month in the Dallas suburb of Flower Mound, Andrea Roberts shot her
husband and 11- and 7-year-old children to death before killing herself.
In May, Gilberta Estrada hanged herself and her four children -- ages 8
months to 5 years -- in their Hudson Oaks mobile home. Only the youngest
survived.

Police could not determine a motive in either case, but Estrada had lived
in a women's shelter for several months after obtaining a protective order
against her common-law husband.

Several Texas cases have involved mental illness.

Andrea Yates drowned her 5 children in the family's Houston bathtub in
2001. In 2003, Deanna Laney beat her 2 young sons to death with rocks and
injured a 3rd in East Texas. Lisa Ann Diaz drowned her 2 daughters in a
Plano bathtub, and Dena Schlosser severed her 10-month-old daughter's arms
with a kitchen knife in 2004.

All four of those women were found innocent by reason of insanity and sent
to state mental hospitals. Yates initially was convicted of capital
murder, but that verdict was overturned.

Some mothers maintain their innocence, such as Darlie Routier, who remains
on Texas' death row after being convicted of stabbing 2 of her young sons
to death in the Dallas suburb of Rowlett in 1996.

Experts say more awareness by families and community services are crucial
in preventing such tragedies.

"If you have no other support, you're in a box," McKee said.

(source: Associated Press)

*************************

Triple Murder Suspect Talks


>From a Dallas jail, Robert Sparks explained why he allegedly killed his
wife and her 2 sons last Saturday in Dallas.

Sparks was arrested Tuesday night. As police escorted him to jail, he told
reporters his wife, Chare Agnew, had tried to kill him, and blamed her for
enlisting her 9 and 10-year-old sons to help.

Sparks, 33, faces multiple charges, the most significant of which is three
counts of capital murder punishable by the death penalty.

Add to that list 2 counts of aggravated sexual assault for the alleged
attacks on his wife's 12 and 14-year-old daughters.

According to an arrest warrant affidavit released Wednesday, Sparks called
911 to say he had committed the crime.

"My name is Robert Sparks and I just killed my wife and the 2 boys. You
need to get over there fast," Sparks said during the Saturday morning
call.

After giving the home's address and his name again, the caller said: "I
left 2 girls in the closet."

CBS 11's Clif Caldwell is the only reporter to have conducted an interview
with Sparks since he was arrested Tuesday evening.

Sparks gave a vivid account of what happened Saturday morning.

Police found Agnew's daughters bound and gagged in a closet. Sparks said
he made the girls kiss their mother's corpse, but won't explain the
allegations of raping them.

"I know everybody said, 'Why the kids?' The only thing I can tell you why
I did it, because I wanted to make them people suffer too, just like I was
suffering," Sparks said.

Sparks said he was in bed when Agnew came home from work.

"The last thing I said... when I stabbed her, with her eyes open, I said,
'I told you I would kill you if I found out,'" he said.

He was referencing his belief that his wife put poison in his food.

Sparks described the murder weapon as being "6, 7 inches long, probably
longer. And that's just the blade."

After the murder, Sparks said he actually left the area and was in Austin.
But he said he came back because of threats against his mother.

He added, "I came back for a reason... to kill her sister."

During the interview Sparks said he regretted 2 things: not murdering
Agnew's sister and her boyfriend, and taking the lives of the 2 young
boys.

"I don't need a trial," he said. "If they did find me guilty, and they
gave me the death sentence, I wouldn't even fight it. It ain't worth
living no more."

Sparks said his parents did not raise him this way. For a moment, he was
clearly ashamed.

"My mama and daddy didnt fight," he said. "And if they did, we didn't see
it."

Sparks, who has a history of criminal violence, was captured Tuesday night
after leading police on a slow-speed chase. Sparks refused to stop and
fired several rounds at one point in the chase.

Officers apprehended Sparks when he became trapped on a dead-end
residential street. Police say he had fled in a vehicle he was accused of
stealing earlier in the evening.

Funerals for Agnew and her two sons will be Saturday morning at the
Potter's House in Dallas.

(source: CBS News) ****************************

Obituary----Mark Tolle: Judge presided over Routier murder trial


Judge Mark Stenson Tolle had successful careers as an insurance executive
and assistant district attorney. He was twice elected to the bench as a
state district judge.

In retirement, Judge Tolle served as the presiding judge for the 1997
capital murder trial of Darlie Routier, who was found guilty and sentenced
to death for the June 1996 fatal stabbing of her 5-year-old son, Damon.

Judge Tolle, 76, died Sunday of complications of frontal temporal dementia
at Stone Bridge Alzheimer's Special Care Center in Dallas.

A funeral Mass will be at 10 a.m. today at Christ the King Catholic
Church. He will be buried in Calvary Hill Cemetery.

Although her husband had a reputation for handing down stiff sentences,
Tammy Tolle said he put considerable effort into seeing that justice was
served.

Most of the tough sentences Judge Tolle dispensed were in cases in which
he became "completely disgusted with" the defendant's actions, Mrs. Tolle
said.

Judge Tolle became irritated with defendants who had been given a chance
yet became repeat offenders, Mrs. Tolle said.

In 1995, Judge Tolle said defendants who received tough sentences deserved
them.

"Most of them are not charged with singing too loud in Sunday school," he
told The Dallas Morning News in 1995, when he announced he would not seek
a third term as a state district judge.

Mrs. Tolle knew both her husband's compassion for people and his passion
of justice.

Judge Tolle became fluent in Spanish to ensure he could be true to
non-English speaking, Latino defendants and not depend on translations.

"He didn't know if he could trust their attorneys or not, so he learned
Spanish," Mrs. Tolle said.

Judge Tolle's integrity was challenged by rumors that swirled around Ms.
Routier's high-profile trial and its change of venue to Kerrville, Texas.

Critics alleged that the trial was moved to the conservative Texas Hill
Country to ensure a guilty verdict or that the judge was looking for ranch
property, Mrs. Tolle said.

"It was put down in Kerrville because it was the only county in Texas that
had an opening in its court docket for a trial of that magnitude," Mrs.
Tolle said.

She unsuccessfully tried to get a notion as to her husband's feelings
about Ms. Routier's guilt or innocence.

"I said, 'Mark, don't you think with today, with what she said, that she
did it?'

"He'd say 'Tammy, I'm not here to convict her or release her. I've got to
keep my mind and watch on what the prosecutors and what the defense is
saying, so that it will be a legal trial. That's all I'm in here for.' "

Born in Dallas, Judge Tolle was a 1949 graduate of Jesuit High School,
where he earned the Bishop Lynch trophy for being the most representative
student. His high school activities included lettering in football and
participating in drama.

Judge Tolle received his undergraduate and law degrees from the University
of Notre Dame.

An Air Force ROTC cadet colonel as a law school junior, Judge Tolle went
on to serve 6 years of active duty. He served as a B-47 Stratojet
navigator and was a staff judge advocate.

After serving in the Air Force, Judge Tolle was a practicing attorney and
insurance company owner for 20 years.

He built an insurance agency after witnessing how his father's policy had
helped his mother, Mrs. Tolle said.

But by 1980, Judge Tolle longed to enter the legal profession full time.
He did so after being called to jury duty and meeting a judge who was an
insurance customer.

While visiting with the judge, he mentioned his desire to enter law full
time. The judge urged him to talk to Dallas County District Attorney Henry
Wade. The results were immediate.

"He [Judge Tolle] called me and said, 'Guess where I am,' " Mrs. Tolle
recalled.

"He said, 'I'm taking a physical for the county. Henry Wade just hired
me.' "

>From 1980 to 1986, he was a Dallas County assistant district attorney.
Judge Tolle rose through the ranks to become Mr. Wade's chief felony
prosecutor.

In 1988, he was elected to the Criminal District Court No. 3. In 1989, the
15 Dallas County state district judges unanimously elected him to be
presiding felony judge.

He was re-elected to the bench in 1992 but did not seek re-election in
1996.

Judge Tolle was an active member of Christ the King Catholic Church, where
he had been an usher for 18 years.

He was disciplined and had been a jogger from more than 50 years, his wife
said.

"He loved his family," Mrs. Tolle said.

Her husband's main disappointment was that he hadn't been a Marine.

He also loved the State Fair of Texas and usually went once or twice a
week during the exposition's run, his wife said.

Judge Tolle stepped down from his senior judge status in 2003, when his
wife noticed early signs of dementia. The illness progressed slowly until
last fall, when his condition began to deteriorate rapidly, his wife said.

In addition to his wife, Judge Tolle is survived by a daughter, Jeanmarie
Geis of Dallas; a son, Gregory Tolle of Carbondale, Colo.; a brother, John
B. Tolle of Dallas; a sister, Teresa Tolle of Dallas, and two
grandchildren.

Memorials may be made to the Center for BrainHealth, 2200 W. Mockingbird
Lane, Dallas, Texas 75235; or the Alzheimer's Association, 4144 N. Central
Expressway, No. 750, Dallas, Texas 75204.

(source: Dallas Morning News)

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Author Helen Prejean to visit St. Anthony's


Sister Helen Prejean, author of the best-selling book "Dead Man Walking:
An Eyewitness Account of the Death Penalty in the United States," will
speak at St. Anthony of Padua Catholic Church at 7 p.m. Sept. 27.

The event, which is free of charge and open to the public, will be held in
the church's Fellowship Hall. The book was the basis for the Oscar-winning
motion picture "Dead Man Walking," starring Susan Sarandon and Sean Penn.
It chronicles Sister Helen's ministry to death row inmates in Louisiana,
her work with families of murder victims and the spiritual journey that
has led her to become one of our nation's leading voices against capital
punishment.

Sister Helen has been instrumental in sparking national dialogue on the
death penalty and in shaping the Catholic Church's newly vigorous
opposition to state executions. She is an engaging speaker, a southern
storyteller who comes with a bag of stories about her own journey and what
she has learned about respect for life.

The event is being organized by the Peace and Justice Network of
Montgomery County and co-sponsored by the Texas Coalition to Abolish the
Death Penalty, Pax Christi and the Houston Peace & Justice Center.

Copies of "Dead Man Walking" and Sister Helen's second book, "The Death of
Innocents: An Eyewitness Account of Wrongful Executions," will be
available for purchase. Voluntary donations for Sister Helen's ministry
will be accepted.

St. Anthony of Padua Catholic Church is located at 7801 Bay Branch Drive,
The Woodlands, 77382. For more information, contact Anne Geyer,
713-444-1270.

(source: The Villager)