Skip to main content

Texas' death penalty beyond repair so think about ending it, judge says

We welcome Judge Elsa Alcala's frank - and courageous - assessment of the Texas death penalty, not for what people wish the state's capital punishment system to be, but for what it is: Discriminatory, inefficient and immoral.

That assessment coming from an experienced judge on the Texas Court of Criminal Appeals - the state's highest court in criminal matters - is not easily dismissed.

It's true that many Texans support the death penalty as a tough, fair and painless way to punish those convicted of certain heinous crimes. That category includes crimes in which more than one person was murdered, a law enforcement officer was killed, or circumstances that involve murder and another aggravated felony. An example of the latter would be fatally shooting a store clerk during the course of a robbery, or killing someone during a sexual assault or kidnapping.

To be sure, those are horrible crimes that warrant the toughest punishment on the books. The problem with the death penalty is that it is final. Once done, it cannot be undone. As such, it requires a perfect system in which to operate justly and morally. An imperfect system means a killer gets away, while an innocent is imprisoned or executed.

It's no wonder that Alcala has growing discomfort with the Texas death penalty system, riddled with imperfections. She wrote about them in a recent opinion regarding the case of Julius Jerome Murphy, sentenced to die for the 1997 shooting death of a man whose car had broken down along Interstate 30 in Texarkana.

"I think there are, as I said in that opinion, significant problems with the death penalty," Alcala told the American-Statesman's Chuck Lindell. "There are lots of problems, and I think the public is not aware of the problems."

Alcala wrote that Texas courts should study whether the death penalty is unconstitutional because it is arbitrarily imposed by race, disproportionately affecting minorities, and whether excessive delays in imposing the ultimate sentence results in cruel and unusual punishment because inmates are held in solitary confinement for years, if not decades. Those inequities are reflected in state figures that show 71 % of those awaiting execution in Texas are African American or Latino.

Alcala came to the bench in 2011, when then-Gov. Rick Perry tapped her to fill a vacancy. Her doubts and concerns regarding the system have been sown by cases that came before her, including:

-- Bobby James Moore: Alcala wrote that her court's reliance on a decades-old standard to measure intellectual disability, which is no longer used by medical professionals, "is constitutionally unacceptable."

-- Duane Buck: Alcala sharply criticized rulings allowing Buck to be executed despite trial testimony that he was a future danger to society because he is black.

Such concerns grabbed the attention of the U.S. Supreme Court, which earlier this month, announced it would examine the constitutionality of the death sentences given to Moore and Buck.

Pointing out the flaws in the state's death penalty system takes political guts, given the wide support it enjoys in Texas, topping 70 % on a recent Gallup poll. That kind of courage has been in short supply since judge Tom Price left the state Court of Criminal Appeals in 2014. Before his departure, Price called for an end to the death penalty, saying he was haunted by a growing fear that Texas will execute an innocent inmate, if it hadn't already. He worried aloud whether he had participated in executing an innocent person.

As a long-time judge on the court, Price was part of a body with a dubious history in death penalty matters. The court still is plagued by its unfortunate "sleeping lawyer" ruling more than a decade ago refusing to halt an execution of a death row inmate whose attorney had snoozed through major portions of his capital murder trial.

Following that embarrassment, there was the "we close at 5" incident in a 2007 case.

Presiding Judge Sharon Keller closed the court clerk's office at 5 p.m., preventing attorneys from filing a last-minute appeal for twice-convicted killer Michael Richard, who ultimately was executed without his final appeal being heard in court. That prompted the State Commission on Judicial Conduct to issue a public warning to Keller, but the rebuke was later dismissed on a technicality after Keller appealed.

Aside from the court's well-documented missteps, there are other signs of the system's imperfections in the wave of exonerations of Texans, such as Michael Morton, who were wrongfully convicted and sent to prison for many years, while the true criminals went free. Oftentimes, the guilty go on to commit more crimes, which was true in the Morton case in which the person who murdered Morton's wife, went on to kill another woman.

It's worth noting that Texas led the nation in the number of people wrongly convicted of crimes, who were exonerated in 2015, according to figures compiled by the National Registry of Exonerations. In all, 54 people were exonerated for mostly homicide and drug cases going back to 2004. New York was 2nd with 17. False identifications by witnesses, misconduct by police or prosecutors, errors by crime labs or defense attorneys, all are among the things that can and do go wrong.

It's no wonder Alcala is uncomfortable remaining silent. Doing so perpetuates the fallacy that the state's death penalty is carried out fairly and justly. That might be what many wish it to be, but it is not the reality.

Source: Editorial Board, Austin American Statesman, June 2, 2016

- Report an error, an omission: deathpenaltynews@gmail.com - Follow us on Facebook and Twitter

Comments

Most viewed (Last 7 days)

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Iran Crackdown on Christians Intensifies, Ministry Reports Dozens Killed and Hundreds Detained

September 3, 2026: A widening crackdown on Christians in Iran has reportedly resulted in the deaths of at least 33 Christian ministers and the detention of more than 130 others in recent months, according to Iran Alive Ministries, a Texas-based organisation supporting underground house churches in the country. Hormoz Shariat, founder of Iran Alive Ministries, told Baptist Press that at least 33 Christian ministers associated with the ministry had been killed amid intensified government pressure on Christians linked to the underground church movement.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.

Egypt TV presenter and 11 others sentenced to death in major drugs case

Egyptian television presenter Sarah Khalifa and 11 others have been sentenced to death by hanging after being convicted of drug trafficking and rape, while nine defendants received life sentences and seven were acquitted. Egyptian television presenter Sarah Khalifa, 39, has been sentenced to death by hanging along with 11 other defendants after being found guilty in a drugs case involving a criminal gang accused of importing ingredients used to manufacture narcotics for sale.

Indiana high court sets Nov. 5 execution date for convicted child killer

The court’s decision came a little more than two months after Indiana Attorney General Todd Rokita asked the justices to schedule Weisheit’s execution. State attorneys argued Weisheit had exhausted his state and federal appeals, had no active stay of execution, and could lawfully be put to death. The inmate’s attorneys opposed setting a date, saying they needed more time to pursue available legal proceedings and possible executive clemency. The defense additionally pointed to public records that it said showed the Indiana Department of Correction lacked the drugs needed to conduct an execution and had no lawful source from which to obtain them.

Oklahoma Sets November Execution Date for Air Force Veteran Jim Pavatt Amid Claims of Wrongful Conviction

OKLAHOMA CITY — The Oklahoma Court of Criminal Appeals has scheduled the execution of Air Force veteran and longtime death row prisoner Jim Pavatt for Nov. 12, as his attorneys continue to challenge his conviction and contend that prosecutors relied on false arguments, disputed forensic evidence and an alleged confession they later described as bogus. Pavatt, who served nearly 22 years in the Air Force and rose to the rank of master sergeant, was convicted and sentenced to death for the 2001 killing of Rob Andrew in Oklahoma City. His execution is scheduled for the day after Veterans Day.

Hanging, confinement and the sentencing debate India won’t have

Ask anybody what a “death sentence” in India actually means, and the honest answer is that it can mean three quite different things. It can mean the noose—hanging by the neck until death; it can mean permanent confinement in jail—a term the courts now call imprisonment for the remainder of one’s natural life, and, far more often than either of the first two, it can simply mean delay in delivery of justice—a death sentence that is neither carried out nor commuted, waiting for completion of investigation, trial before the sessions court, hearing of a confirmation proceeding in a high court, appeal against conviction in the Supreme Court, or hearing of a mercy petition nobody has decided for years, sometimes for decades, until age or illness does what the state never got around to doing itself.