Hearing on Constitutionality of Texas Death Penalty - Monday Dec. 6 in Houston Judge Fine's Courtroom

A hearing on the constitutionality of the Texas death penalty will be held in Judge Kevin Fine's courtroom in Houston on Monday, December 6, at 9 AM.

Texas' use of capital punishment will undergo legal scrutiny at this hearing. Evidence and arguments will likely be presented that there is substantial risk that the state's death penalty law does not adequately protect against the execution of an innocent person.

John Edward Green, Jr., the defendant in Texas v. Green, is charged in the fatal shooting of a 34-year-old Houston woman during a 2008 robbery. Green’s defense attorneys will argue that a number of factors in Texas' death penalty system increase the risk of wrongful executions in Texas, including a lack of safeguards to protect against mistaken eyewitness identification, faulty forensic evidence, incompetent lawyers at the appellate level, failures to guard against false confessions and a history of racial discrimination in jury selection.

State District Judge Kevin Fine of the 177th Criminal Court in Harris County (Houston) set the hearing for Dec. 6 as part of a pretrial motion in which two defense attorneys for a Houston man facing a possible death sentence asked that Texas' death penalty statute be declared unconstitutional.

In March, on a motion filed by attorneys for John Edward Green Jr. (facing death for the 2008 robbery and murder of Huong Thien Nguyen in Houston), Fine ruled that capital punishment as practiced in Texas is unconstitutional for failing to adequately protect the innocent. Fine quickly rescinded that original order, but he has granted Green's attorneys the right to a hearing on the matter. Green's attorney Casey Keirnan told the Associated Press that he expects the hearing could last up to two weeks and that death penalty experts from around the country will likely testify. "I think everybody in the United States would agree that the possibility exists" that an innocent person has already been executed, he said.

TEXAS MORATORIUM NETWORK: If you live in Houston or can be there, there will be a demonstration against the Texas death penalty outside the courthouse at 8 AM on Monday Dec. 6, 2010 (RSVP on the Facebook event page). Location: Harris County Criminal Justice Center, 1201 Franklin, 19th Floor, Houston, Texas 77002

Source: Texas Moratorium Network, December 1, 2010

Texas Judge to Rule on Death Penalty Constitutionality

Texas' messy death penalty saga continues Monday in a Houston courtroom, where a district judge will for the first time in state history consider whether the risk of executing an innocent person makes capital punishment unconstitutional.

Harris County District Judge Kevin Fine is set to hold a hearing in the case of John Edward Green, who is charged with fatally shooting a Houston woman during a robbery in June 2008. Harris County prosecutors are seeking the death penalty in the case. But Green’s attorneys and capital punishment opponents want Fine to rule that prosecutors can’t seek the death penalty because the way it is administered in Texas is unconstitutional. They say they have proof that at least two wrongfully convicted men have been executed. With so many chances for error in the courts, they argue, Texas shouldn't risk putting an innocent person to death. “The current system is profoundly and fundamentally flawed from top to bottom,” says Andrea Keilen, executive director of the Texas Defender Service.

Click here to read the full article.

Source: The Texas Tribune, December 2, 2010

Death Penalty May Be Ruled Unconstitutional In Texas

WASHINGTON -- At a hearing scheduled for Monday, December 6, a district court in Texas will decide whether the death penalty is unconstitutional in the state based on the disproportionately high risk of wrongful convictions in Texas. This is the first time in the state's history that a court will examine the problem of innocent people being executed in a Texas capital trial.

John Edward Green, Jr., the defendant in Texas v. Green, is charged in the fatal shooting of a 34-year-old Houston woman during a 2008 robbery. According to legal documents obtained by HuffPost, Green's defense attorneys will be arguing on Monday that a number of factors in Texas's legal system increase the risk of wrongful executions there, including a lack of safeguards to protect against mistaken eyewitness identification, faulty forensic evidence, incompetent lawyers at the appellate level, failures to guard against false confessions and a history of racial discrimination in jury selection.

The death penalty in Texas came under fire earlier this month when a DNA test conducted on a single hair undermined the evidence that convicted a Texas man of capital murder over ten years ago. The hair had been the only piece of evidence linking Claude Jones to the crime scene, but the new test results revealed that the hair likely belonged to the murder victim instead of Jones.

Maurie Levin, a law professor at the University of Texas and an expert on capital punishment, said she would not be surprised if Judge Kevin Fine ruled the death penalty to be unconstitutional in Texas on Monday.

"I would think that Judge Fine would have substantial basis in the evidence that I'm aware of that would lead to a conclusion that the Texas death penalty is unconstitutional as applied," she told HuffPost.

Since 1976, twelve people have been exonerated from death row in Texas out of 139 nationwide, and four study commissions set up by the Texas government have formally recognized the serious risks of wrongful convictions there. Out of the 464 people that have been executed in Texas, about 70 percent have been minorities, according to the Texas Department of Criminal Justice.

Andrea Keilen, executive director of Texas Defender Service, said it is clear to her that the death penalty is handed down unfairly and erratically in Texas.

"It is my opinion and the opinion of many people close to this issue that the Texas system is wholly incapable of carrying out the death penalty in a fair and reliable way," she told HuffPost. "Texas is remarkably out of step with the rest of the country and certainly out of step with what the average Texan would expect when dealing with capital punishment. We're seeing in case after case that the system is just inherently prone to the risk of wrongful convictions and has a complete inability to correct its mistakes."

Keilen said that while the state has a history of strong popular support for capital punishment, she thinks Texans would feel differently about the practice if they knew all the facts.

"I think there is support for the idea of the death penalty among the average Texan, but that if the average Texan were to get a closeup view of how the system actually operates, that support would significantly wane," she said. "It's an abstract concept to most people, but if they saw how abysmal the quality of representation can be, how the system is biased racially, how prosecutors can not disclose evidence, or how DNA testing can be wrong, my opinion is that they as reasonable people would find it unacceptable."

Source: The Huffington Post, December 2, 2010

Comments

William Thompson Faces Execution in Florida Amid Dementia, Terminal Illness Concerns

Florida Governor Ron DeSantis signed an execution warrant for 74-year-old prisoner William “Bill” Thompson less than 24 hours after he was released from the hospital to the hospice wing of the prison. After his attorneys raised serious concerns about his mental competency and deteriorating physical health, Gov. DeSantis agreed to temporarily stay the execution so Mr. Thompson’s competency can be evaluated on October 1. If he is found competent, his execution remains scheduled for October 13.

Texas executes Ker’Sean Ramey

Texas executes man for a triple killing, days after other man convicted in case was put to death A man was executed Wednesday evening in Texas for a triple killing committed during an attempted robbery at a rural home, 1 week after the other man convicted in the case was put to death. Ker’Sean Ramey, 41, was pronounced dead at 6:34 p.m. CDT following a lethal injection at the state penitentiary in Huntsville. He was the 6th person executed this year in Texas, with 3 more lethal injections scheduled in the state over the next 2 months.

Florida | DeSantis sets execution of man who killed Indian River deputy, temporarily pauses another execution

William Reaves is scheduled to be executed by lethal injection at Florida State Prison on Oct. 20th. It's the 18th death warrant Gov. DeSantis has signed this year. Reaves shot Deputy Sheriff Richard Raczkowski in September 23, 1986. Gov. Ron DeSantis signed his 18th death warrant of the year Friday. William Reaves, convicted of the 1986 killing of an Indian River County Sheriff's deputy, is set to be executed by lethal injection at Florida State Prison in Starke on Oct. 20.

Texas House chairman wants child rapists eligible for death penalty

AUSTIN (Nexstar) — Under current Supreme Court precedent, states cannot execute someone for raping a child if the victim survives. That’s not stopping State Rep. Jeff Leach, R-McKinney. “We’re going to have a debate in this building behind me about the death penalty being on the table for any Texan who rapes a child,” Leach, the chair of the Texas House Committee on Judiciary & Civil Jurisprudence, said. Leach made the comments while hosting a news conference supporting his client, abuse survivor Cindy Clemishire.

Israel | Ben Gvir discusses death penalty for Neveh Tzuf terrorist hours before Yom Kippur

National Security Minister Itamar Ben Gvir raised the possibility of applying the death penalty to the Neveh Tzuf terrorist during a security meeting with Prime Minister Benjamin Netanyahu. Two hours before the start of Yom Kippur on Sunday, National Security Minister Itamar Ben Gvir raised the possibility of applying the death penalty to the terrorist responsible for the attack in Neveh Tzuf during a security meeting with Prime Minister Benjamin Netanyahu. Netanyahu had reportedly convened the meeting in response to the security situation in the West Bank following the Sunday terror attack.

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed." SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.

Taylor Parker becomes 7th woman on death row in Texas

Taylor Parker is set to become the 7th woman on death row in Texas, following her sentencing Wednesday in Bowie County for the capital murder of Reagan Hancock and the kidnapping her unborn baby, Braxlynn Sage. The baby did not survive. The last woman to be handed a death sentence in the state was Kimberly Cargill in June 2012 for the slaying of her developmentally disabled babysitter in Smith County, who was set to testify against her in a custody battle. None of the women currently on death row in Texas are scheduled for execution. According to the Texas Department of Criminal Justice, 6 women have been executed in Texas since the Supreme Court reinstated the death penalty in 1976, more than any other state, according to Death Penalty Information Center. The last woman to be executed in the U.S. was Lisa Montgomery in January 2021. It was the first execution of a female inmate carried out by the federal government since 1953, and her case is chillingly reminiscent of Parker’s. She wa...

Tennessee | Christa Pike Requests Clemency Ahead of September 30 Execution Date; Experts’ Amicus Brief Points to ‘Substantial Risk’ of Re-traumatization

Lawyers for Christa Pike, the only woman on Tennessee’s death row, filed a 226-page clemency petition with Governor Bill Lee, asking him to commute her death sentence to life in prison without the possibility of parole ahead of her September 30 execution date. Ms. Pike’s clemency petition outlines the case her team has built over decades of appeals: her actions at 18 years old cannot be separated from a childhood marked by repeated rape, sexual abuse, and neglect that went unaddressed by the adults and state systems meant to protect her. Once incarcerated, Ms. Pike was diagnosed with bipolar disorder and post-traumatic stress disorder.

Alabama executes Jeffery Lee

MONTGOMERY, Ala. (WBMA) — Alabama has executed Jeffery Lee, nearly three decades after he was convicted in the 1998 killings of two people during a pawnshop robbery in rural Dallas County. Lee, 49, was put to death by lethal injection Thursday evening at William C. Holman Correctional Facility in Atmore. His execution came three months after a federal judge blocked Alabama's plans to execute him using nitrogen gas. He was pronounced dead at 6:22 p.m. Central Time, according to the office of Governor Kay Ivey.

Texas set to execute second man convicted in 2005 South Texas triple murder

Ker’Sean Olajuwa Ramey is scheduled to die Wednesday, one week after the state executed his co-defendant for the same killings. Texas is scheduled to execute a man on Wednesday for the 2005 shooting deaths of three people during a botched robbery in a small South Texas town, just one week after the state put his co-defendant to death for the same crime. Ker’Sean Olajuwa Ramey, 41, is scheduled to die by lethal injection Wednesday evening at the state penitentiary in Huntsville.

Death Penalty News

Search This Blog