July 18
TEXAS----impending execution
US Supreme Court declines to halt Texas execution
The U.S. Supreme Court rejected an appeal from a former Texas Tech graduate
student convicted of killing 2 people in Lubbock, clearing the way for his
execution scheduled for Thursday evening.
The justices' brief ruling came about 30 minutes before Vaughn Ross, 41, could
be taken to the Texas death chamber for lethal injection.
Ross was found guilty in the January 2001 fatal shootings of an 18-year-old
woman with whom he had been feuding an associate dean at the university who was
with her at the time. In his appeal to the high court, Ross argued his previous
appeals attorneys neglected to note that his trial lawyers didn't present
evidence that may have convinced jurors to sentence him to life in prison.
Defense attorney Don Vernay also argued that differences in rulings involving
similar cases decided by the justices needed to be resolved and Ross'
punishment should be put off until those conflicts were clarified.
Assistant Texas Attorney General Tomee Heining contested the appeal, noting
that Ross' trial lawyers called witnesses on Ross' behalf and managed an
"admirable mitigation defense" even though Ross had instructed his family and
friends not to cooperate.
"Ross cannot interfere with trial counsel's strategy and later claim deficient
performance," Heining told the high court.
A bicyclist spotted the bodies of Douglas Birdsall, 53, the associate dean of
libraries at Texas Tech University, and Viola Ross McVade in a car in a gully
at a Lubbock park. McVade was the sister of Ross' girlfriend and was not
related to the convicted killer.
Court documents said Birdsall had been looking for a prostitute and that a
friend of McVade introduced him to her that evening. Prosecutors contend McVade
was the intended target, and that Birdsall was at the wrong place at the wrong
time.
Both victims were shot multiple times. Detectives said they linked Ross to the
deaths after finding his and Birdsall's DNA on part of a latex glove in the
car. DNA tests on Ross' sweatshirt also detected blood from both victims.
Ross, from St. Louis, came to Texas Tech for graduate work in architecture.
When questioned by detectives, he acknowledged arguing and threatening McVade.
He also acknowledged wearing latex gloves but said they were to protect his
hands while he was doing some cleaning with bleach.
While in jail, Ross phoned his mother, who asked if he had any involvement in
the slayings. He replied he "might have," according to the tape-recorded call.
"I've always said a guy could never lie to his mama," Matt Powell, the Lubbock
County district attorney who prosecuted the case, said last week. "It was the
closest thing we had to a confession."
Authorities believed Bridsall and McVade were ambushed in an alley behind Ross'
apartment after Ross had ordered McVade's sister to leave. Birdsall's blood and
glass from shattered windows of his car were found in the alley, as well as a
shell casing matching casings inside Birdsall's car.
Prosecutors believed the latex glove was torn when Ross moved Birdsall's body
from the front to the back seat so he could drive the car to the gully.
At least 6 other Texas prisoners have execution dates set for the coming
months, including one later this month.
(source: Associated Press)
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