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Texas sets execution date for man accused in shaken baby case

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Lawyers for Robert Robertson say the science used to sentence him to death is questionable and that prior health issues could explain the death of his 2-year-old daughter in 2003. A Texas court on Monday set an execution date for Robert Roberson, who was sentenced to death in 2003 for killing his 2-year-old daughter but has consistently challenged the conviction on the claim that it was based on questionable science.

Age 19 + No Prior Record + Sloppy Lawyers = Death Sentence

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Anthony Hayes
Anthony Haynes, a 19-year-old at the time of the crime with no prior criminal history, is scheduled to be executed in Texas on October 18.

As noted in this space previously, there were serious issues of racial bias in his case (African American defendant, 11 white jurors, judge cleaning guns during jury selection). There were also bad lawyers and a possibly coerced confession. Despite this, the state of Texas is prepared to put this man to death for a crime he committed as a teenager under the influence of crystal meth.

2 days before Haynes fatally shot Kent Kincaid, an off-duty police officer, a friend of the family had given him crystal meth. It was Haynes' 1st experience with the drug. The same friend wrote in a sworn statement that during those 2 days Haynes began "talking crazy," saying he had been unable to sleep for days and thought someone was following him. When Sergeant Kincaid approached Haynes' car, Haynes' drug-induced paranoia really kicked in - he believed he would be dragged from the car. He shot and killed Officer Kincaid.

A doctor who specializes in psychiatry concluded in 2005 that Haynes' actions that night were inconsistent with previous behavior and his diminished capacity was due to his first-time use of meth. The jury never heard that Haynes had used crystal meth prior to the shooting.

Sloppy Lawyers

Predicting "future dangerousness" is a prerequisite for Texas death sentences, and Anthony Haynes' lawyer failed to offer a strong challenge to the state's weak case for his future dangerousness. Without the violence inducing effects of meth, there was little to suggest Haynes would be an ongoing threat.

Haynes has no previous criminal record. More than 3 dozen friends and family offered to testify about Haynes' good character and against the claim that Haynes would be a future threat to society. Yet Haynes' defense lawyer refused most offers of testimony and failed to even interview many family members.


Source: Brian Evans, blog, Amnesty International USA, October 5, 2012
Location: Texas
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