Skip to main content

SCOTUS Denies Review to Texas Prisoner Sentenced to Death with Contested Junk Science

On October 30, 2023, the United States Supreme Court denied Texas death-sentenced prisoner Brent Brewer’s petition for certiorari and clearing the way for his scheduled execution on November 9th. Mr. Brewer’s attorneys argue that unreliable “future dangerousness” junk science testimony from a psychiatrist who never even met Mr. Brewer resulted in his death sentence. At trial, the prosecution called Dr. Richard Coons as an expert witness to opine about Mr. Brewer’s future behavior. Despite never meeting with Mr. Brewer, Dr. Coons testified that he would “probably” join a prison gang while incarcerated, depicting him “as a terminally dangerous menace to society.” After hearing Dr. Coons’ testimony, the jury sentenced Mr. Brewer to death.

In 2007, the U.S. Supreme Court vacated Mr. Brewer’s death sentence, citing the trial court’s failure to adequately allow the jury to consider mitigating factors, such as Mr. Brewer’s abusive childhood and continuous struggle with depression, anxiety, and substance abuse disorder. As a child, his lawyers allege that Mr. Brewer was severely abused by both his stepfather and biological father, even needing to defend his mother’s life with a broom handle. According to the Supreme Court’s decision in Brewer v. Quarterman, capital juries must be allowed to weigh mitigating evidence “in a reasoned, moral manner” when determining “whether a defendant is truly deserving of death.” At Mr. Brewer’s second trial, the state once again called Dr. Coons to testify, who again failed to meet Mr. Brewer before telling jurors that he would “more likely than not” commit acts of violence in the future.


At his second trial, Mr. Brewer’s attorneys argued that his prison behavior record was inconsistent with any prediction of violence.  Mr. Brewer had just four citations during his 10 years on death row — one for having too many towels in his cell. But Dr. Coons maintained that Mr. Brewer would likely kill again if the state did not kill him first, opining that “a huge amount” of prison violence is unreported, thus, Mr. Brewer’s infraction record did not reliably depict his dangerousness.

In 2010, the Texas Court of Criminal Appeals noted that Dr. Coons, who has testified in dozens of capital cases, was unable to cite any academic literature or research to substantiate his “self-developed” methodology. The court acknowledged that while Dr. Coons’ practice may be intuitive, it is not scientifically reliable. However, no courts have ruled that Dr. Coons’ testimony is a nonreversible error. Mr. Brewer’s current attorneys allege that his trial counsel failed to challenge Dr. Coons’ testimony, amounting to ineffective assistance of counsel.

Experts have long maintained that future dangerousness cannot be reliably determined and studies have confirmed that such predictions are unreliable. A 2013 statement from the American Bar Association Death Penalty Review Project called for Texas to “eliminate the use of ‘future dangerousness’ as a factor in capital sentencing, since the determination ‘often turns on unreliable scientific evidence.”

Mr. Brewer was sentenced to death for a crime that occurred more than 30 years ago.  In 1990, just a few weeks after being released from a hospital following an involuntary commitment after his grandmother discovered his suicide note, Mr. Brewer and his girlfriend, who he met while hospitalized, robbed and killed a flooring store owner after he agreed to give them a ride.

Source: Death Penalty Information Center, Staff, October 31, 2023


_____________________________________________________________________











Most viewed (Last 7 days)

Saudi Arabia executed 356 people in 2025, highest number on record

Analysts attribute increase to kingdom’s ‘war on drugs’ as authorities kill 356 people by death penalty Saudi authorities executed 356 people in 2025, setting a new record for the number of inmates put to death in the kingdom in a single year. Analysts have largely attributed the increase in executions to Riyadh’s “war on drugs”, with some of those arrested in previous years only now being executed after legal proceedings and convictions. Official data released by the Saudi government said 243 people were executed in drug-related cases in 2025 alone, according to a tally kept by Agence France-Presse.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Iran | Executions in Shiraz, Borazjan, Ahvaz, Isfahan, Ardabil, Rasht, Ghaemshahr, Neishabur

Iran Human Rights (IHRNGO); December 23, 2025: Mahin Rashidi, Abbas Alami, Naser Faraji, Tohid Barzegar and Jamshid Amirfazli, five co-defendants on death row for drug-related offences, were secretly executed in a group hanging in Shiraz Central Prison.  According to information obtained by Iran Human Rights, four men and a woman were hanged in Shiraz (Adel Abad) Central Prison on 17 December 2025. Their identities have been established as Mahin Rashidi, a 39-year-old woman, Abbas Alami, 43, Naser Faraji, 38, Tohid Barzegar, 51, and Jamshid Amirfazli, 45, all Kashan natives.

M Ravi, the man who defied Singapore regime's harassment, dies

M Ravi never gave up despite the odds stacked against him by the Singapore regime, which has always used its grip on the legal process to silence critics. M Ravi, one of Singapore's best-known personalities who was at the forefront of legal cases challenging the PAP regime over human rights violations, has died. He was 56. The news has come as a shock to friends and activists. Singapore's The Straits Times reported that police were investigating the "unnatural death".

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

USA | Justice Department Encourages New Capital Charges Against Commuted Federal Death Row Prisoners

On Dec. 23, 2024, former President Joseph R. Biden Jr. commuted the sentences of nearly all federal death row prisoners, sparing 37 men from execution. Just 28 days later, on Jan. 20, 2025, newly inaugurated President Donald J. Trump issued an executive order encouraging state and local prosecutors to pursue new charges against those same prisoners, reopening the possibility of capital punishment in state courts.

Singapore | Prolific lawyer M Ravi, known for drug death-penalty cases, found dead

Ravi Madasamy, a high-profile lawyer who represented death-row inmates and campaigned against capital punishment, was found dead in the early hours, prompting a police investigation into an unnatural death KUALA LUMPUR — Prolific Singapore lawyer Ravi Madasamy who tried to save Malaysian drug traffickers from the gallows found dead in the early hours with police investigating a case of unnatural death. Lawyer Eugene Thuraisingam, who had previously represented 56-year-old Ravi in court and described him as a friend, said he was deeply saddened by the news.