StandDown Texas Project

Visit the New Site

2006-05-25T12:57:00.000-05:00

If you got here through a link, please visit the new site.

Federal Death Penalty Trial in Houston

2006-05-20T10:03:00.000-05:00

The Houston Chronicle reports that a trial date has been sent in the case of the truck driver involved in the 2003 human smuggling case.

The link is here.

Jury selection is scheduled for Oct. 3 in the second trial of Tyrone Williams, who is accused in the deaths of 19 illegal immigrants who were packed into his truck trailer during a failed smuggling attempt in 2003.

Two challenges planned by defense attorney Craig Washington could still head off that trial, however.

Scalia, Congress, and International Law

2006-05-19T12:25:00.000-05:00

Justice Scalia told Congress to back off from criticism of the Court and the use of citing international law in a speech yesterday. Though Scalia has been critical of citing interantional law in Supreme Court rulings, his remarks demonstrate a unity with the other justices on the issue of judicial independence.

Legal Times' Tony Mauro has a report here.

Washington Post coverage is here.

The Los Angeles Times coverage is here.

Server Crash

2006-05-19T12:08:00.000-05:00

StandDown's ISP had a server crash yesterday, and they are still attempting to get the site fully back in operation. At least for the next few days we will posting on this old site.

This Blog Has Moved

2005-01-05T11:35:00.000-06:00

This blog is now linked directly to the StandDown Texas Project's website. Please follow the link to www.StandDown.org for the latest posts.

U.S. Supreme Court's Impatience With Texas

2004-12-04T20:17:00.000-06:00

The U.S. Supreme Court, in a series of Texas death penalty cases, has criticized the state Court of Criminal Appeals and the U.S. Fifth Circuit Court of Appeals for failing to properly review the cases. The tone has grown sharper with every rebuke.

Even the most casual, uninformed reader can sense the Court's impatience in its latest Texas ruling. In Smith v. Texas, the Court took the highly unusual step of rendering judgement without even hearing oral arguments in the case. You can read the Court's opinion here.

Ralph Blumenthal, the Times Bureau Chief in Houston, and Adam Liptak, who covers legal issues, look at the simmering controversy in the linked article. [Note: free registration required to view NYT content]

Perry Issues Reprieve in Frances Newton Case

2004-12-01T16:21:00.000-06:00

Newton's case has attracted world-wide attention because she is female and has a serious claim of actual innocence. Her case had recently caught the attention of Judges William Sessions and Charles Baird.

The OpEd is here.

Earlier today, Houston Mayor Bill White called on the governor to issue the reprieve, echoing Houston Police Chief Harold Hurtt's earlier call for a moratorium on executions from Harris County until crime lab problems are settled.

South Africa's Mail & Guardian had a report on the Newton case. LINK

U.S. Supreme Court Rebukes Texas Again

2004-11-16T15:06:00.000-06:00

Courts generally use very deferential language. Yesterday's ruling by the Supreme Court overturning a Texas death sentence is unusually blunt in it's criticism that the Texas Court of Criminal Appeals and the U.S. Fifth Circuit Court of Appeals are not following prior rulings by the high Court.

The matter was so clear to the Supreme Court that it did not even hold oral arguments in the case.

The Times article is linked above. The opinion is here.

The Topic Is Innocence

2004-11-16T15:02:00.000-06:00

Today's Christian Science Monitor picks up where the Texas Poll left off. Problems with the HPD Crime Lab and recent exonerations are causing people to re-examine how well the criminal justict system is working.

The Monitor article is here.

Texas Poll Shows Increased Concerns by Texans

2004-11-15T14:29:00.000-06:00

The Scripps Howard Texas Poll shows continued growth of concern by Texans about the state's administration of the death penalty. The most recent poll shows that 70 % of those surveyed believe the state has executed innocent people. The poll also shows that 44 % believe a moratorium on executions is necessary now, along with a blue ribbon commission to examine what's wrong.

Here is a link to the Houston Chronicle's story with more details:

http://www.chron.com/cs/CDA/ssistory.mpl/front/2898454

Death Sentences and Executions Decrease Nationally

2004-11-15T14:15:00.000-06:00

According to a U.S. Department of Justice study, the number of death sentences handed out by juries has hit a 30 year low nationally. Also, the number of executions has been generally declining since 1999.

The Houston Chronicle story on the report can be viewed at:

http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/2901108

You can view the entire report on the DoJ website: http://www.ojp.usdoj.gov/bjs/abstract/cp03.htm

Texas remains the state with far and away the most executions. To date, Texas has carried out 335 executions since resumption of the death penalty, 35% of the nation's 942 executions. So far this year, Texas has carried out 22 of the nation's 57 executions.

Clemency Petition Seeks Time for Investigation

2004-11-11T15:45:00.000-06:00

Frances Newton, an African-American from Houston, is scheduled to be executed by Texas on December 1. David Dow, Director of the Texas Innocence Network at the University of Houston Law Center, has filed a clemency petition with the Board of Pardons and Paroles asking for a 120 day reprieve to allow time for an investigation in the case.

To view the Houston Chronicle's article, go to:

http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/2895272

At the heart of Newton's case is ballistics analysis conducted by the HPD crime lab. Newton has always maintained her innocence. HPD Chief Harold Hurtt has already called for a moratorium on executions from Harris County due to problems with the lab.

This will be a story to watch as it develops.

Texas Monthly Examines CCA

2004-11-01T11:57:00.000-06:00

The November 2004 Texas Monthly has a detailed article on the Texas Court of Criminal Appeals, titled 'And Justice For Some.'

'Over the past ten years, the Texas Court of Criminal Appeals has disregarded exculpatory DNA evidence, threats of torture, bad lawyering, and in some cases, all common sense to uphold convicitions in keeping with its tough-on-crime philosophy. Why should toughness steamroll fairness?', the article asks.

You can read the complete article at:

http://www.texasmonthly.com/mag/issues/2004-11-01/feature4.php?click_code=3c892459190533f05bea5235897b333e

A web extra interview with author Michael Hall is available at TM's homepage, www.TexasMonthly.com

International Law & Texas

2004-10-29T11:15:00.000-05:00

There is more than a touch of irony found in the gap between two events this week. On Wednesday, Supreme Court Justice Sandra Day O'Connor spoke at Georgetown University School of Law about the growing importance of international law.

Many Court watchers are reading any tea leaves available because the Court is considering whether it is now unconstitutional to execute juvenile offenders in the United States. One factor that may play a role is the fact that the United States is virtually alone in the world in sanctioning these executions.

Justice O'Connor did not make any mention of the case (Roper v. Simmons), but did state that recognizing international law could foster more civilized societies in the United States and abroad, according to an Associated Press account. "International law is a help in our search for a more peaceful world," she said.

To view the story, go to:

http://www.newsday.com/news/politics/wire/sns-ap-scotus-oconnor,0,696121.story?coll=sns-ap-politics-headlines

For the other half of the story, we move to the Texas State Capitol where Governor Rick Perry decided that Texas would not honor United Nations Day.

President Bush had signed a proclamation urging governors to honor the observance of United Nations Day, recognizing the anniversary of the U.N.'s founding in 1945. That occurred last Sunday around the world, but not officially in Texas.

After some mixed signals from the governor's office, he decided honoring the U.N. with a proclamation would be inconsistent with his views.

To view the Houston Chronicle's coverage of this international dustup, go to:

http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/2872056

To borrow the phrase of Texas' tourism campaign of some years ago, "Texas - it's like a whole other country."

Growing Calls for Moratorium

2004-10-26T11:27:00.000-05:00

Judge Tom Price of the Texas Court of Criminal Appeals has joined the calls for a moratorium on executions involving Harris County.

"I think it would be prudent to delay further executions until we have had a chance to have this evidence independently verified," said Price. "Once a death sentence is carried out, you cannot reverse that."

Price has 30 years of judicial experience. He was elected to the CCA eight years ago.

View the article at:

http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/2866619

Will HPD Crime Lab Force Moratorium?

2004-10-22T11:54:00.000-05:00

A civil rights lawsuit has been filed in federal district court in Houston regarding the scheduled October 26 execution of Dominique Green. Ballistics testing played a part of Green's conviction, and ballistics testing procedures have come under criticism in the HPD crime lab scandal.

It was the discovery of 280 boxes of uncataloged evidence, however, that renewed calls for a moratorium on Harris County executions, and that is the basis for the lawsuit.

The Dallas Morning New distills the crime lab mess:

http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/102204dntexcrimelab.bd16e.html

And, on the heels of its excellent series on forensic science, the Chicago Tribune focuses on Houston:

http://www.chicagotribune.com/news/nationworld/chi-0410220287oct22,1,3821734.story

As problems continue, expect to see more national attention to Houston.

Forensic Science Under the Microscope

2004-10-21T10:13:00.000-05:00

The Chicago Tribune has completed a five-part series examining crime forensics labs, and it's very different from the nightly entertainment on television shows.

The final article today reviews problems at the Houston Police Department Crime Lab, problems that have been running for nearly two years now with no end in sight.

To read today's article:
http://www.chicagotribune.com/news/specials/chi-0410210285oct21,1,2210813.story?coll=chi-news-hed

The Tribune has done outstanding enterprise reporting on criminal justice issues including an examination of Texas' application of the death penalty in 2000, and a series on Illinois' application of the death penalty that helped lead to a moratorium in that state. To view the entire forensics series and other special reports:

http://www.chicagotribune.com/news/specials/

San Antonio Express News Editorial

2004-10-21T10:07:00.000-05:00

In spite of the passage of the Texas Fair Defense Act in 2001, indigent defense in capital murder trials is still lagging. The ineffective representation that helped to wrongly convict Ernest Willis 17 years ago is still too common today.

To read the editorial:

http://www.mysanantonio.com/opinion/editorials/stories/MYSA102004.06B.willis1ed.49dd0a1.html

Dallas Morning News Calls for End to Juvenile Executions

2004-10-19T11:59:00.000-05:00

In its editorial, the Morning News points out that the United States is the only developed nation in the world that allows the execution of juvenile offenders.

You can read the editorial at:

http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/101704dnedikill.c15a6.html

Juvenile Death Penalty Goes to U.S. Supreme Court

2004-10-11T17:48:00.000-05:00

This Wednesday the question of whether or not the death penalty is suitable for juvenile offenders will be argued before the U.S. Supreme Court. If the Court follows its own logic established when it ruled offenders with mental retardation cannot face the death penalty, the Court will strike down a penalty that is rarely applied - outside of Texas.

A majority of states bans the execution of juvenile offenders, those who commit a capital crime while younger than 18 years of age, and public opinion is solidly against the practice. In the last 10 years, only Oklahoma and Virginia have joined Texas in carrying out such executions in the U.S., finding themselves in the company of the Democratic Republic of Congo and Iran.

The American Medical Association, other child development experts, a group of state attorneys general, and newspaper editorials across the nation have urged the Court to end executions of juvenile offenders.

An excellent overview of the issue can be seen in today's Chicago's Tribune:

http://www.chicagotribune.com/news/nationworld/chi-0410110197oct11,1,2183330.story?coll=chi-newsnationworld-hed

Also, the Dallas Morning News is in the middle of a provacative series of articles on the issue:

http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/101004dnlocdeath.5572f.html

Expect extensive coverage following Wednesday's oral arguments.

More Calls for Moratorium

2004-10-07T11:20:00.000-05:00

In spite of widespread calls for a moratorium on executions from Harris County, two men sentenced to death from Houston were executed by the State of Texas this week. Houston Police Chief Harold Hurtt, State Senator John Whitmire, and others have appealed to Governor Rick Perry to take action.

In the wake of those executions, newspapers are calling for a moratorium in editorials:

http://www.statesman.com/opinion/content/editorial/10/7crimelab_edit.html
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/100704dnedideath.2974.html

The Houston Chronicle has already weighed in with this editorial:

http://www.chron.com/CDA/umstory.mpl/editorial/2825803

Ernest Willis Released

2004-10-07T11:07:00.000-05:00

Yesterday, Ernest Willis walked out of the Walls Unit in Huntsville. Later today, Mr. Willis and his attorneys will be having a news conference in Houston.

Here are links to some of the coverage:

http://www.latimes.com/news/nationworld/nation/la-na-release7oct07,1,6123935.story
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/100704dntexdeathrow.25e2402.html

The Dallas Morning News article also contains a link to extensive coverage of the Willis case that DMN journalists Howard Swindle and Dan Malone reported in 2000.

Another Death Row Exoneration in Texas

2004-10-05T14:25:00.000-05:00

After 17 years on Texas death row Ernest Willis will soon be released from prison, exonerated and free. A federal district judge had overturned the conviction several months ago ordering that Willis be retried or released. After reviewing the case with arson experts, the Pecos County District Attorney has announced that he is dismissing the case.

Willis was sent to death row after being convicted of starting a house fire that killed two people. Experts now believe the fire was accidental, likely caused by faulty wiring, and not caused by arson.

The Willis case had been controversial for years because of Willis' forced medication during his trial. The powerful prescription drugs he was given rendered him unable to assist in his defense.

Willis is the eighth individual to be exonerated in Texas according to the national register maintained by the Death Penalty Information Center (www.deathpenaltyinfo.org). He is the 117th individual in the nation to have been exonerated after being sentenced to death.

Approximately one percent of those sentenced to death in Texas have later been exonerated and released.

More coverage can be expected tomorrow. Maro Robbins of the San Antonio Express-News broke the story:

http://www.mysanantonio.com/news/metro/stories/MYSA100504.1A.exonerated.ea857101.html

Scott Panetti Found Competent to be Executed

2004-10-01T15:01:00.000-05:00

A federal district judge has found Scott Panetti to be competent to be executed. Judge Sam Sparks cited the high standards set by the U.S. Fifth Circuit Court of Appeals to be found incompetent, as well as gray areas unaddressed to date by the higher court. Judge Sparks issued a stay of execution in Panetti's case, pending an appeal on the issues.

You can see the judge's order at:
http://www.txwd.uscourts.gov/announce/a04ca042ss.pdf

Harris County Lab Scandal Implodes

2004-10-01T14:39:00.000-05:00

On the same day, Houston Police Chief Harold Hurtt called for a moratorium on executions for Harris County cases, and the District Attorney conceded that a second individual should be released due to testing flaws.

See the articles at:
http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/2824230

The New York Times also covered these issues:
http://www.nytimes.com/2004/10/01/national/01houston.html

George Rodriguez has spent 17 years in Texas prison. Observers expect that he will be released soon. Last year, Josiah Sutton was released after spending four years in prison for a rape he did not commit. He received a pardon only this year, and has still not received any compensation for his wrongful conviction and incarceration.

This is far from the last we've heard on the crime lab fiasco.

Harris County Sets Busy Execution Schedule

2004-09-30T11:01:00.000-05:00

Harris County judges have set eight execution dates for the period October 5 through December 1. Three other execution dates have also been set from other counties through the end of this year.

The HPD crime lab scandal, however, may be a stumbling block for Harris County. The scandal has raged for more than a year and a half, and new developments continue to explode. Recently, evidence from thousands of cases was discovered in storage boxes. According to press reports, the boxes are univentoried, and no one knows exactly what is in the boxes.

The Houston Chronicle is continuing its extraordinary coverage with an article today:
http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/2822548

Ruling Expected in Scott Panetti Case

2004-09-23T15:14:00.000-05:00

Earlier this month, Federal District Judge Sam Sparks held a two-day hearing on the question of whether or not Scott Panetti is competent to be executed. His case drew national press attention in the spring when his execution was stayed. Leaders of the mental health community in Texas had called for an evaluation of Panetti.

Panetti had been diagnosed with severe mental illness and hospitalized numerous times over a ten year period prior to murdering his former parents-in-law. In what was described at the time by one observer as "a judicial farce," Panetti was allowed to represent himself at the trial. Observers described bizarre behavior by Panetti who wore a Tom Mix style cowboy costume. He was quickly convicted and sentenced to death.

According to witnesses at the two-day hearing, Panetti's mental illness has continued to degenerate over the years, and he does not understand why is to be executed. In order to be deemed competent to be executed a person must be able to understand that they are to be executed, that the execution is imminent, and the reason they are being executed.

Many people mistakenly believe that states are barred from executing the mentally ill. Such a ban applies to those with mental retardation, a lifelong condition that affects intellectual capacity, not mental illness. Identifiable mental illnesses can vary widely in severity and duration.

Earlier this year, the Texas Board of Pardons and Paroles, by a 5-1 vote, recommended a commutation of sentence for Kelsey Patterson, who also suffered from severe mental illness. Like Panetti, Patterson's illness had been diagnosed for years prior to the crime he committed for which he was sentenced to death. Governor Rick Perry rejected the Board's recommendation and Patterson was executed.

Watch for a ruling soon in Scott Panetti's case.

Innocence and the death penalty

2004-09-17T13:36:00.000-05:00

The Death Penalty Information Center has issued an important new report, 'Innocence and the Crisis in the American Death Penalty.' To date, 116 men and women who were sentenced to death have been exonerated and released. This fact has shifted the way people think about the death penalty, and the crisis in indigent representation in many states.

To view the report, go to: http://www.deathpenaltyinfo.org/article.php?scid=45&did=1149

This report comes out at the same time as a new book about Kirk Bloodsworth, the first person who had been on death row to be exonerated through DNA testing. Author Tim Junkin has captured the drama in Bloodsworth's ordeal. Bloodsworth is published by Algonguin Books of Chapel Hill. The author and Kirk Bloodsworth are on an extensive book tour and will be in Texas in mid-November. To see if they will be in your area visit Algonquin at: http://www.algonquin.com/events/?event_var=author_events&author=Tim+Junkin

Seven men have been exonerated and freed from Texas death row since re-introduction of the death penalty. At this time at least two cases are receiving judicial review over the issue of actual innocence.

California creates criminal justice study commission

2004-09-08T15:49:00.000-05:00

In late August, the California Senate authorized the creation of the California Commission on the Fair Administration of Justice. Commission members will be appointed by the Senate Rules Committee. The Commission will be charged with examining the state's criminal justice system to determine how it has failed in the past to prevent wrongful convictions. The Commission will recommend improvements and safeguards designed to prevent innocent men and women from ending up as victims of the criminal justice system, and enhance the reliability of convictions and sentences.

In the wake of a moratorium on executions in Illinois, Governor George Ryan appointed a commission in that state that recommended 85 fixes, ranging from police investigative procedures through the clemency process to strenghten Illinois' criminal justice system.

One of the more significant recommendations of the Illinois panel is being adopted by law enforcement agencies across the nation; videotaping interrogations of persons in custody. Police and sheriffs are finding it an effective tool for convicting the guilty.

The Houston Crime Lab Mess

2004-08-27T17:53:00.000-05:00

For the last year and a half, the Houston Police Department's crime lab has been in the midst of a total implosion. Serious problems were discovered in how DNA was stored and analyzed. Other areas of the lab are now being scrutinized.

Already one person, Josiah Sutton, has been exonerated, released, and pardoned after spending four years in the Texas prisons for a crime he did not commit. Throughout this time the Harris County District Attorney's office has blocked calls for an independent investigation. That may be about to change.

Lost evidence involving thousands of cases has now been discovered in mislabeled storage boxes, and this discovery may be the straw that broke the camel's back. Today's New York Times and Houston Chronicle both had stories. You can view them at:
http://www.nytimes.com/2004/08/27/national/27lab.html
http://www.chron.com/CDA/umstory.mpl/metropolitan/2762448

The Houston Chronicle deserves commendations for aggressively reporting this story. You can view the archive of news articles, columns and editorials at: http://www.chron.com/content/chronicle/special/03/crimelab/index.html

Perhaps the most important point to remember is that this scandal is not unique. Other crime labs across the nation have had similar problems, and at least one of the Texas Department of Public Safety's regional crime labs has also been under investigation.

The Question of Future Dangerousness

2004-08-26T11:41:00.000-05:00

A central factor during the sentencing phase of a capital murder trial in Texas deals with the question of future dangerousness --- the jury must determine that the person will represent a future danger to society. It's important to note that the society under consideration is the prison society of other inmates, guards and prison employees.

Texas is one of only two states that places such an emphasis on predictions of future danger. Recently, Texas Defender Service published a report, "Deadly Speculation: Misleading Texas Capital Juries with False Predictions of Future Dangersousness." Of the 155 cases examined, the report showed that expert predictions about an individual's future dangerousness were incorrect 95% of the time. That's one the reason the American Psychiatric Association has condemned the practice of expert testimony on the issue since 1983. To view the report, visit TDS' website: http://www.texasdefender.org/DEADLYSP.PDF

An editorial in today's Austin American-Statesman recognizes that clemency decisions should be based on the facts, rather than highly inaccurate predictions. The Statesman editorial board faults the Texas clemency process for failing to take into account the way James Allridge has lived and worked on death row for 17 years.
http://www.statesman.com/opinion/content/editorial/08/26execute_edit.html

Forty Years after Gideon

2004-08-21T16:35:00.000-05:00

Forty years ago, the U.S. Supreme Court in a landmark ruling declared that indigent defendants in criminal cases must have access to legal counsel. The case was vividly reported in Anthony Lewis' classic, Gideon's Trumpet, still in print today. Since then Texas counties have relied on a non-system in which virtually every individual criminal court judge had his or her own rules and procedures. In 2001, the Texas Legislature voted the Texas Fair Defense Act into law, and created a Task Force on Indigent Defense to implement the new law. The TxFDA called for standards in attorney appointment, qualifications and compensation.

The new law has been widely praised for improving a system that had been near the bottom of all 50 states by any standard of measure. Until the TxFDA, all indigent defense costs had been paid by the individual counties. With passage of the new law the state of Texas started laying out money, offering grants to the counties to help pay for additional costs of complying with the law.

The Dallas Morning News on Friday reported on an examination of Dallas County's efforts, relating that while progress has been made, the Dallas County Public Defender's Office remains understaffed and lacks adequate training systems. For more on this go to: http://www.dallasnews.com/s/dws/news/localnews/stories/082104dnmetindigent.9e051.html

It's estimated that in most county's between 80 - 90% of all criminal cases require court appointed attorneys.

You can find more information on indigent defense in Texas at two sites.

The Task Force on Indigent Defense: http://www.courts.state.tx.us/tfid/TFIDentrance.htm

The Equal Justice Center: http://www.equaljusticecenter.org/serv01.htm

New Voices Call for Clemency for James Allridge

2004-08-17T16:28:00.000-05:00

James Allridge is scheduled to be executed by the state of Texas on August 26. Former prison guards and officials as well as jury members of Allridge's capital murder trial are calling on the Board of Pardons and Paroles to recommend that his death sentence be commuted to life in prison.

Allridge has always taken responsibility for the senseless crime that took a young man's life. Inside the prison, he has tried to be a positive force to TDCJ employees and guards and counseled other inmates on how to live a positive life in prison.

This type of rehabilitation has historically been a reason for commuting death sentence. One of the essential elements a jury must find for a death sentence to be handed out in Texas is that the individual will represent a continuing threat -- a future danger -- to society. During his years in prison, James Allridge has proven that he is not a danger in prison.

The Board of Pardons and Paroles will make its recommendation later this month. Governor Rick Perry can only commute a sentence upon a positive recommendation by the Board, but he is not required to do so.