Texas

Texas

Diverse Range of Voices Call for Sparing Jeff Wood, Who Never Killed Anyone, from Execution in Texas

As his August 24 execution date approaches, Jeffrey Wood's case has garnered mounting attention from groups and individuals calling on the Texas Board of Pardons and Paroles and Gov. Greg Abbott to commute Wood's sentence. These diverse voices include a conservative Texas state representative, a group of evangelical leaders, and the editorial boards of the New York Times, the Washington Post, and several Texas newspapers, among others. Wood (pictured) was convicted under Texas' "law of parties," but he neither killed nor intended for anyone to be killed and, his supporters say, was not even aware the robbery in which a codefendant killed a store clerk was going to occur. His trial also featured misleading testimony from Dr. James Grigson, who had been expelled from psychiatric associations because of his unethical testimony regarding the potential future dangerousness of capital defendants. Republican state representative Jeff Leach, a long-time death penalty supporter, said "Jeffery Lee Wood’s case has caught my attention unlike any death row inmate in my time in office has. ...I simply do not believe that Mr. Wood is deserving of the death sentence. I can’t sit quietly by and not say anything." Leach has spoken with Gov. Abbott's office and the parole board about the case and is urging other legislators to contact the board in support of commutation before the board votes on Wood's clemency petition on Monday. Gov. Abbott also received a petition from a group of evangelical Christian leaders, who said "Our faith compels us to speak out in this case, where a looming execution date threatens the life of an individual with significant mental impairments who never should have been sentenced to death." The 49 religious leaders also noted the disproportionality of Wood's sentence: "As the getaway driver, Wood committed a crime, but not one deserving the death penalty." A New York Times editorial also urged clemency for Wood and sharply critiqued the law of parties. "The Law of Parties stands as a grotesque demonstration of how utterly arbitrary capital punishment is," it said. "The only true course for justice in Texas is for the law to be scrapped and Mr. Wood’s life to be spared." Wood's supporters say they will deliver a petition to Gov. Abbott and the parole board Friday with thousands of signatures seeking commutation of Wood's sentence. Texas last commuted a death sentence in 2007 in the case of Kenneth Foster, a getaway driver who, like Wood, had been convicted under the law of parties. [UPDATE: On August 19, the Texas Court of Criminal Appeals granted a stay of execution to permit Wood to litigate his claims that the prosecution had presented false scientific evidence and that the use of false testimony from Dr. Grigson violated due process.]

Defense Attorney Retires from Capital Practice After No Acquittals in 40 Years and 21 Clients Sent to Death Row

Harris County, Texas has sent more people to death row than any other county in the United States and Jerry Guerinot (pictured) was defense counsel for twenty-one of them. His death-sentenced clients included two who were juveniles at the time of the crime and another who was later freed after prosecutors dropped charges against him. Labeled by some as "the worst lawyer in the United States," in forty years of practice, none of Guerinot's capital murder clients was acquitted. Now, after decades of criticism, Guerinot says he will no longer take capital cases. Guerinot asserts that his record is a by-product of the cases he was assigned: "My theory is if they are the sorriest of the worst or the very worst, I got 'em. Somebody's got to defend - 'defend' is the wrong word - represent these people." Other attorneys, however, say he did not adequately represent his clients. "I wouldn't be here if I had better counse," Linda Carty, a British national who was one of Guerinot clients, said. "I met this guy for less than 15 minutes. Once." Although investigative assistance was available from the British consulate, Guerinot never sought it, she says. Guerinot also served as top assistant to the lead attorney for Duane Buck, whose appeal will be heard by the U.S. Supreme Court this fall based upon defense counsel's use of a psychologist who told Buck's sentencing jury that he was more likely to pose a future danger to society because he is Black. Kathryn Kase, executive director of the Texas Defender Service, said defense counsel sat silent as their witness provided racially-biased testimony against their client and "never objected to the prosecution's questions or arguments ... that skin color, race, makes someone more likely to be dangerous in the future." Jim Marcus, co-director of the Capital Punishment Clinic at the University of Texas, noted that Guerinot had four separate clients sentenced to death in a seven-month period in 1996. "It is unthinkable that a defense attorney would try four separate death penalty cases to verdict in the space of seven months," he said. Veteran capital defense lawyer and University of Houston law professor David Dow told the New York Times in 2010 that the large number of death sentences imposed on Guerinot's clients reflected a failure to conduct simple investigations. "He doesn't even pick the low-hanging fruit which is hitting him in the head as he's walking under the tree," Dow said. Guerinot said, "I'm there to ensure they get a fair shake. And, by God, there ain't one of them that didn't."

Defense Lawyers, Former Prosecutors, and Constitutional Rights Groups File Amicus Briefs in Buck v. Davis

Five groups, representing defense lawyers, former prosecutors, and organizations devoted to protecting constitutional liberties have filed amicus briefs in the U.S. Supreme Court in support of Texas death row prisoner Duane Buck. Buck was sentenced to death when a psychiatrist presented by his own lawyer said he posed a greater potential danger to society because he is Black, and the case attained widespread notoriety after the new Texas attorney general failed to honor a commitment by his predecessor not to oppose a new sentencing hearing. On August 4, the National and Texas Associations of Criminal Defense Lawyers, a group of former prosecutors, the Lawyers' Committee for Civil Rights Under Law, and the Constitutional Accountability Center joined the National Black Law Students Association (NBLSA) in submitting briefs arguing that Buck's rights were violated by the racial arguments made at his trial. The NBLSA said, "Whether by a judge, a prosecutor, or defense counsel, an appeal to a jury based on racial prejudice poisons our system of justice." The Lawyers Committee for Civil Rights Under Law stated, "Mr. Buck was entitled to have his dangerousness assessed on an individualized basis based on his personal attributes. Instead he received a death sentence tainted by four hundred years of racial stereotyping invoked by a witness who was supposed to testify on his behalf." The former state and federal prosecutors, who include former Texas Governor and Attorney General Mark White, former Attorneys General from Virginia, Tennessee, North Carolina, and Ohio, and the second-chair prosecutor from Buck's trial, highlighted Texas' refusal to provide Buck a new sentencing hearing, even though it had included him on a list of defendants whose trials were tainted by similar testimony by the same psychologist, and every other one of those defendants had received new sentencing hearings. "To backtrack on an ethical obligation and decision to grant relief to a defendant in any context is extraordinary; it is particularly so here, where the purpose of backtracking was to defend the propriety of a capital sentencing hearing tainted by racist testimony," they said. The Court is scheduled to hear argument in Buck v. Davis on October 5. 

Texas Prisoner Who Did Not Kill Anyone Challenges Execution, Use of False Psychiatrist Testimony to Condemn Him to Die

Lawyers for Jeffery Wood (pictured), a Texas death row prisoner who is scheduled to be executed August 24 despite undisputed evidence that he has never killed anyone, have filed a new petition in state court challenging his death sentence on multiple grounds. They argue that Wood cannot be subject to the death penalty because he neither killed nor intended for anyone to be killed and was not even aware the robbery in which a codefendant killed a store clerk was going to occur. They also challenge his death sentence on the gounds that it was obtained based upon false and scientifically baseless testimony from a discredited psychiatrist that Wood would pose a future danger to society. Wood was convicted of capital murder under the Texas doctrine called the "law of parties," which employs an usually broad interpretation of accomplice liability to make a defendant liable for the acts of others. He was sentenced to death for his alleged role in the murder of a store clerk in 1996 committed by another man, Daniel Reneau, while Wood was outside sitting in a truck. Reneau was executed in 2002. Wood says he and Reneau had planned to rob the store the previous day, but that he had backed out. According to Wood, he did not know Reneau still planned to rob the store, or that Reneau had a gun with him. Jared Tyler, one of Wood's attorneys, said, "I believe that no person in the history of the modern death penalty has been executed with as little culpability and participation in the taking of a life as Mr. Wood." Wood's appeal also alleges that his right to due process was violated when the state presented false and misleading testimony from psychiatrist James Grigson, who earned the nickname "Dr. Death" for testifying in numerous Texas capital cases that the defendant would "certainly" or "absolutely" or "with 100% certainty" commit future acts of violence, including several cases in which defendants later turned out to be innocent. Three years before Wood's hearing, Grigson was expelled from the Texas Society of Psychiatric Physicians and the American Psychiatric Association for ethical violations involving making psychiatric diagnoses without having examined capital defendants, predicting with certainty that they would engage in future violent acts, and basing those predictions on hypothetical questions posed by the prosecution that contained "grossly inadequate" information. Nonetheless, based on a prosecution hypothetical question and without having evaluated Wood, Grigson testified that Wood would "certainly" pose a continuing threat to society. Wood's jury was never told that Grigson had been expelled for similar conduct or that the professional associations had determined that his practices were unethical and unscientific.[UPDATE: On August 19, the Texas Court of Criminal Appeals granted a stay of execution to permit Wood to litigate his claims that the prosecution had presented false scientific evidence and that the use of false testimony from Dr. Grigson violated due process.]

Fair Punishment Project Issues Report on Deadliest Prosecutors

A new report by Harvard Law School's Fair Punishment Project has found that a small number of overzealous prosecutors with high rates of misconduct have a hugely disproportionate impact on the death penalty in the United States. The report, "America's Top Five Deadliest Prosecutors: How Overzealous Personalities Drive the Death Penalty," shows that, by themselves, these prosecutors are responsible for more than 440 death sentences, the equivalent of 15% of the entire U.S. death row population today. Exploring what it calls "the problem of personality-driven capital sentencing," the report details the effects of Joe Freeman Britt of Robeson County, North Carolina; Robert Macy of Oklahoma County, Oklahoma; Donald Myers of the 11th Judicial District of South Carolina; Lynne Abraham of Philadelphia, Pennsylvania; and Johnny Holmes of Harris County, Texas. Britt, Macy, and Myers personally prosecuted a combined 131 cases that resulted in death sentences, while Abraham and Holmes oversaw offices that the report says imposed 108 and 201 death sentences, respectively. They also disproportionately sent innocent people to death row, prosecuting 1 out of 20 of the nation's death-row exonerees. The report found similar patterns involving these prosecutors, including high rates of prosecutorial misconduct, statements and actions that revealed a win-at-all-costs mentality, and a sharp decrease in death sentences once they and their proteges left office. Britt, Macy, and Myers were found to have committed misconduct in one-third to 46% of the death penalty cases they prosecuted. Prosecutors in Abraham's and Holmes' offices were found to have engaged in misconduct, including racially-biased jury selection and failures to disclose favorable evidence. Of the five prosecutors profiled in the report, only Myers—who is not seeking re-election—is still in office. After the other four prosecutors left office, the number of death sentences has declined significantly. Robeson County has imposed two death sentences in the last 10 years, Oklahoma County and Philadelphia County have each imposed three in six years, and Harris County dropped from an average of 12 death sentences a year during Holmes' last decade as prosecutor to one a year since 2008.

Texas Court Stays Execution of Man Convicted by Now Debunked "Shaken Baby" Testimony

The Texas Court of Criminal Appeals has granted a stay of execution to Robert Roberson (pictured), who had been scheduled to be executed on June 21 for the 2003 death of his two-and-a-half-year-old daughter, Nikki Curtis. The court's June 16 stay order halts Roberson's execution under a recent Texas law permitting court challenges based on new scientific evidence of innocence. Prosecution experts had testified at Roberson's trial that his daughter died of Shaken Baby Syndrome, asserting that the child exhibited symptoms that she must have been shaken or beaten. Roberson said she had fallen out of bed during the night, but that she seemed fine and went back to sleep. Hours later, when he checked on her again, she was blue and could barely breathe. Prosecutors charged him with murder and with sexually assaulting his daughter - although there was no evidence that she had been sexually assaulted. The sexual assault charges were later dropped, but only after the prosecution had discussed them in open court in front of the jury. The court granted Roberson review of four issues: that (1) new scientific evidence establishes that he would not have been convicted; (2) the State's use of "false, misleading, and scientifically invalid testimony” about Shaken Baby Syndrome violated due process; (3) Roberson is "actually innocent of capital murder"; and (4) "the State’s introduction of false forensic science testimony that current science has exposed as false" made his trial fundamentally unfair. "Instead of taking Robert’s explanation about a fall seriously or exploring all possible causes of the injury sustained by a chronically ill child who had been at the doctor’s office with 104.5-degree temperature only two days before," Roberson's lawyer, Gretchen Sween wrote, "a tragedy was hastily deemed a crime and a father, doing the best he could to care for his daughter despite severe cognitive impairments, was branded a murderer." Roberson presented affidavits from four medical experts challenging the accuracy and scientific validity of the State's shaken baby testimony. Forensic pathologist Dr. Harry Bonnell, in an opinion shared by all four defense experts, wrote: "it is impossible to shake a toddler to death without causing serious neck injuries—and Nikki had none." They suggest several alternate theories for Curtis' death, including meningitis caused by an ear infection, a fall like the one Roberson described to investigators, or a congenital condition. Roberson's appeal argues that, "[w]hen the trial record is viewed through the lens of current science and evidence-based medicine, it is clear that he is innocent of capital murder." The court returned the case to the trial court in Anderson County to conduct an evidentiary hearing on Roberson's claims. 

Texas Judge Dismisses Charges Against Former Death Row Inmate

A judge dismissed murder charges against former Texas death row prisoner Kerry Max Cook on June 6, after prosecutors conceded that his due process rights had been violated by the presentation of false testimony from an alternative suspect. The decision moves Cook one step closer to exoneration, nearly 40 years after he was originally convicted and sentenced to death for the 1977 murder of Linda Jo Edwards. Smith County prosecutors tried Cook three times, twice winning convictions and death sentences. After Smith's second trial ended in a hung jury, prosecutors withheld evidence and misrepresented a deal they had made with a jailhouse informant who falsely testified in the third trial that Cook had confessed to him. An appeals court overturned that conviction and death sentence for what it called “pervasive” and “egregious” prosecutorial misconduct. To avoid a fourth capital trial in 1999, Cook pled no contest to reduced charges and was released from prison. He continued to maintain his innocence. Prosecutors finally agreed to drop the charges against Cook after an alternate suspect in the case, James Mayfield—who had been granted complete immunity from prosecution—admitted that he had lied during Cook's trials. Mayfield, who had an extramarital affair with Edwards, had testified at the trials that he had not had sex with Edwards for weeks before her murder. However, several DNA tests identified semen in Edwards' underwear as Mayfield's, not Cook's. In a deposition in April, Mayfield testified that, in fact, he had sex with Edwards the day before she was killed. That admission also shed new light on the trial testimony of Edwards' roommate, who initially identified Mayfield as the man she saw in the apartment the night of the murder, but later changed her story to implicate Cook. Mark McPeak, who represented Cook during an earlier stage of his case, described his prior trials as "the quintessential railroading." Texas Defender Services executive director Kathryn Kase said: "It is long past time for the state of Texas to admit that it got the wrong man and that it prosecuted the wrong man repeatedly and sought the death penalty against the wrong man repeatedly." Cook continues to pursue a declaration of "actual innocence" that would make him eligible for more than $3 million in compensation from the state of Texas for the two decades he was wrongfully incarcerated on death row. The trial court is expected to rule on that claim later this month and the Texas Court of Criminal Appeals will then review the dismissal of charges.

Supreme Court To Hear Texas Death Penalty Cases Dealing with Racial Bias, Intellectual Disability

On June 6, the U.S. Supreme Court granted writs of certiorari in two Texas death penalty cases, and will review the constitutionality of those death sentences during its next term. The two cases are Buck v. Stephens, in which Duane Buck was sentenced to death after a psychologist testified at his penalty trial that the fact that Buck is African-American increases the likelihood that he presents a future danger to society; and Moore v. Texas, a challenge to Texas' unscientific test for determining whether a defendant is intellectually disabled and therefore exempt from execution. Texas, through its then-Attorney General John Cornyn, had conceded that seven death row prisoners, including Buck, had been unfairly sentenced to death after juries in their cases had been exposed to expert mental health testimony improperly linking race and future dangerousness. The other defendants whose trials were tainted by such testimony were granted new sentencing hearings, but Buck's case did not reach the courts until Cornyn had become a U.S. Senator, and the new Attorney General (now Governor), Greg Abbott, opposed granting Buck a new sentencing hearing. The Court granted review on one of two issues presented in Bobby James Moore's petition for certiorari, whether a state may reject current medical standards in determining intellectual disability. It initially appeared to have granted review of a second issue as well, whether Moore's "extraordinarily long" confinement on death row violates the Eighth Amendment ban on cruel and unusual punishment. However, in an updated order, the Court clarified that it was limiting its review to only the intellectual dsability question. Moore was sentenced to death more than 35 years ago, and has been diagnosed as intellectually disabled by medical professionals. The Texas Court of Criminal Appeals rejected his intellectual disability claim in 2015 because he failed to meet Texas' “Briseño factors,” a set of unscientific criteria based on the fictional character of Lennie Smalls from the novel "Of Mice and Men." 

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