Texas: Death row con gets 10 years in senator threat

Death row killer Richard Lee Tabler, whose cell phone calls to a state senator sparked a statewide shakedown of all state prisons nearly a year ago, pleaded guilty this morning to threatening the lawmaker and possessing contraband.

During a brief courtroom appearance in Livingston, in East Texas, Tabler got 10-year sentence stacked atop his death sentence.

"The message here is that we take these possession of contraband cases seriously especially cell phones on death row and that we will prosecute them to the fullest extent of the law," said Gina DeBottis, chief prosecutor with the Special Prosecutions Unit that handles prison cases.

"(Tabler) got the maximum sentence possible."

Both crimes of which Tabler was charged retaliation and possession of contraband in a state prison were 3rd-degree felonies, punishable by 2-10 years in prison. He could have received 20 years under a special enhancement provision in state law, but because his death sentence is still on appeal that was not possible, DeBottis said.

In October 2008, Tabler phoned state Sen. John Whitmire, D-Houston, and this reporter several times to complain about conditions on Texas's death row. Whitmire, chairman of the Senate committee that oversees prisons, reported the calls to authorities and Tabler got busted in his cell with a cell phone. His mother and sister were also arrested for allegedly assisting him by adding minutes to the phone.

After the arrests, Tabler threatened to kill Whitmire and this reporter in a letter to prison investigators. He was indicted and had earlier pleaded not guilty.

About a month ago, prison officials were shocked to learn that Tabler had smuggled out a 2nd letter threatening Whitmire and ordered 14 prisons including the one where death row is located locked down and searched for contraband in a new crackdown.

Tabler's mother and sister are awaiting trial in mid-October. Whitmire said prosecutors told him both are to receive probation in exchange for their agreement not to commit any additional crimes.

"I think they were used by him, and I think we're all ready to put this incident behind us," Whitmire said. "The point here is that Tabler needs to be secure on death row with no contact with the outside world where he can threaten me or any other Texan.

"I have been assured those are the conditions under which this plea was accepted from him this morning."

Tabler, 30, was sentenced to death for the November 2004 slayings of 2 men in Bell County, outside Killeen. Tabler and a co-defendant drove up next to a vehicle driven by 2 men, and Tabler shot both men point blank with a .45 Ruger as his partner videotaped the last shot fired, authorities said.

Source : Austin American-Statesman, Sept. 28, 2009