FEATURED POST

In the crosshairs of conscience: John Kitzhaber's death penalty reckoning

Image
To cope with his dread, John Kitzhaber opened his leather-bound journal and began to write.
It was a little past 9 on the morning of Nov. 22, 2011. Gary Haugen had dropped his appeals. A Marion County judge had signed the murderer's death warrant, leaving Kitzhaber, a former emergency room doctor, to decide Haugen's fate. The 49-year-old would soon die by lethal injection if the governor didn't intervene.
Kitzhaber was exhausted, having been unable to sleep the night before, but he needed to call the families of Haugen's victims.
"I know my decision will delay the closure they need and deserve," he wrote.
The son of University of Oregon English professors, Kitzhaber began writing each day in his journal in the early 1970s. The practice helped him organize his thoughts and, on that particular morning, gather his courage.
Kitzhaber first dialed the widow of David Polin, an inmate Haugen beat and stabbed to death in 2003 while already serving a life sentence fo…

In rare move, Texas parole board recommends clemency for death row inmate Thomas Whitaker

From left, Kevin, Tricia, Thomas and Kent Whitaker appear in this undated family photo.
For the first time since 2007, the Texas Board of Pardons and Paroles voted to recommend a lesser sentence for a death row inmate. 

In an exceedingly rare move, the Texas Board of Pardons and Paroles voted Tuesday to recommend a lesser sentence for a death row inmate facing execution.

The board voted unanimously in favor of clemency for Thomas Bartlett Whitaker, a man who is set to die on Thursday evening. The decision now falls on Gov. Greg Abbott, a Republican who can approve or deny the recommendation to change Whitaker’s death sentence to life in prison.

The last time the board recommended clemency for a death row inmate was in 2007. An Abbott spokeswoman did not immediately respond to request for comment.

Whitaker, 38, was convicted in the 2003 murders of his mother and 19-year-old brother as part of a plot to get inheritance money. His father, Kent Whitaker, was also shot in the attack but survived and has consistently begged for a life sentence for his son.

“Victims’ rights should mean something in this state, even when the victim is asking for mercy and not vengeance,” Kent Whitaker said at a press conference at the Texas Capitol just before the board’s vote came in.

Keith Hampton, Thomas Whitaker's lawyer, choked up when announcing to the family and the press that the board had recommended clemency. Kent Whitaker's wife cried out and grabbed Whitaker, who let out a sob and held his head in his hands.

“Well, we’re going to the governor’s office right now,” Hampton said.

When he was 23, Thomas Whitaker came home from dinner with his family in December 2003 knowing that his roommate Chris Brashear was waiting there to kill them, according to court documents. When they entered the house, Brashear shot and wounded Thomas’ father and killed his mother, Patricia, and 19-year-old brother, Kevin.

Suspicion turned toward Whitaker in the murder investigation the next June, and he fled to Mexico, according to court documents. He was arrested more than a year later, and his father begged the Fort Bend County District Attorney’s Office not to seek the death penalty.

Whitaker offered to plead guilty to two life sentences, but the prosecution rejected the offer, saying Whitaker wasn’t remorseful and was being manipulative, court records show. They sought the death penalty, and in March 2007, they got it. Brashear was given a life sentence.

Fred Felcman, the original prosecutor in the case, said Tuesday that the parole board made its decision only because of the father’s forgiveness, and seemingly didn't take into account the large number of other people affected by the murders including the victims, the county, the jury and Patricia’s family. He said the board also disregarded testimony from psychiatrists and their own investigators who said Whitaker was manipulative.

“I’m trying to figure out why [the board members] think they should commute this, and why the governor should even give it a second thought,” said Felcman, who is first assistant district attorney at Fort Bend County.

In Whitaker’s clemency petition, Hampton asked the board to listen to the inmate’s father, since he is the one who was hurt most by the crime, having watched his wife and son die before his eyes as he suffered from his own gunshot wound to the chest.

“He is the last member of my direct family, and he’s gonna be taken from us by the state of Texas in the name of justice in a way that none of my family wants,” Whitaker said just before the board decision.

Source: The Texas Tribune, Jolie McCullough, February 20, 2018


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most Viewed (Last 7 Days)

New Hampshire: More than 50,000 anti-death penalty signatures delivered to Sununu

Texas: The accused Santa Fe shooter will never get the death penalty. Here’s why.

Convicted killer from infamous “Texas 7” prison escape gets execution date

Malaysian court sentences Australian grandmother to death by hanging

Post Mortem – the execution of Edward Earl Johnson

Ohio: Lawyers seek review of death sentence for 23-year-old Clayton man

Texas man on death row for decapitating 3 kids loses appeal

Amnesty International Once Again Highlights Shocking Justice System in Iran

Maria Exposto: Can she avoid execution?

Ohio man with execution set for July 18 blames killing on ‘homosexual panic’