Texas

Texas

Experts Call for Exclusion from Death Penalty for Veterans with PTSD

Some legal and psychiatric experts have concluded that veterans with post-traumatic stress disorder should be ineligible for execution. In an article in the Journal of the American Academy of Psychiatry and the Law, mental health experts Drs. Hal Wortzel and David Arciniegas wrote, “The tragedy of the wounded combat veteran who faces execution by the nation he has served seems to be an avoidable one, and we, as a society, should take action to ensure that it does not happen.” A 2008 study by the RAND Corporation estimated that about 300,000 of the 1.64 million military members deployed to Iraq and Afghanistan had post-traumatic stress disorder. The study also found that only 53% of those with such a diagnosis had received treatment in the previous 12 months. In 2008, the New York Times reported 121 cases in which veterans of the wars in Iraq and Afghanistan had been charged with killings. In Texas, an Iraq veteran named John Thuesen is on death row for shooting his girlfriend and her brother in 2009. Thuesen suffers from post-traumatic stress disorder, and his attorneys have argued he would have received a life sentence if the jury had been fully informed of his illness.

FOREIGN NATIONALS: Mexican Foreign Minister Appeals to Texas Officials about Upcoming Execution

Mexican foreign minister José Antonio Meade Kuribreña recently sent letters to Texas Governor Rick Perry and the Texas Board of Pardons and Paroles requesting that the execution of Edgar Arias Tamayo, a Mexican citizen, be postponed or commuted. Tamayo is currently on death row in Texas and is scheduled for execution for on January 22, 2014. In 2004, the International Court of Justice ordered the U.S. to review the convictions of Tamayo and 50 other Mexican citizens who had been sentenced to death without being notified of their rights under the Vienna Convention. No U.S. court has examined the consular issues in Tamayo's case. Earlier this month, Secretary of State John Kerry wrote a letter to Texas officials urging to review Tamayo’s case, and warning that Tamayo's execution could damage U.S.-Mexican relations and hinder the ability of U.S. officials to help American citizens detained abroad.

DPIC Releases 2013 Report, Showing Marked Decline in Death Penalty Use

On December 19, the Death Penalty Information Center released its annual report on the latest developments in capital punishment, "The Death Penalty in 2013: Year End Report." In 2013, executions declined, fewer states imposed death sentences, and the size of death row decreased compared to the previous year. The number of states with the death penalty also dropped, and public support for capital punishment registered a 40-year low. There were 39 executions in the U.S., marking only the second time in 19 years that there were less than 40. Just two states, Texas (16) and Florida (7), were responsible for 59% of the executions. The number of death sentences (80) remained near record lows, and several major death penalty states, inclucing Virginia, South Carolina, Tennessee, and Louisiana, imposed no death sentences this year. Maryland became the sixth state in six years to abolish capital punishment. “Twenty years ago, use of the death penalty was increasing. Now it is declining by almost every measure,” said Richard Dieter, DPIC’s Executive Director and the author of the report. “The recurrent problems of the death penalty have made its application rare, isolated, and often delayed for decades. More states will likely reconsider the wisdom of retaining this expensive and ineffectual practice.”

Secretary of State John Kerry Urges Texas to Reconsider Death Sentence of Mexican Citizen

In a letter to Texas officials, U.S. Secretary of State John Kerry urged a review of the conviction of Edgar Arias Tamayo, a Mexican citizen scheduled to be executed in January 2014. Tamayo was not notified of his right to contact the Mexican Consulate, a violation of the Vienna Convention on Consular Relations, a treaty that the U.S. has signed and ratified. In 2004, the International Court of Justice ordered the U.S. to review the convictions of Tamayo and 50 other Mexican citizens who had been sentenced to death without being notified of their rights under the Vienna Convention. No U.S. court has examined the consular issues in Tamayo's case. Kerry's letter warned that executing Tamayo could damage U.S.-Mexican relations and hinder the ability of U.S. officials to help American citizens detained abroad. “Our consular visits help ensure U.S. citizens detained overseas have access to food and appropriate medical care, if needed, as well as access to legal representation,” he said. Eduardo Medina Mora, the Mexican Ambassador to the United States, said, “[T]his issue has become and could continue to be a significant irritant in the relations between our two countries.”

ARBITRARINESS: One Defendant Executed, Another In Limbo For Same Crime

Jerry Martin (pictured, r.) was executed in Texas on December 3 for killing a correctional officer during an escape attempt in 2007. Meanwhile, John Falk (l.), who also participated in the escape and was reportedly driving the car that struck and killed the officer, has not even been convicted six years after the crime. Falk's original trial was declared a mistrial due to problems with the jury instructions, and it is possilbe another trial will not be allowed. (He remains incarcerated for life on his original charge.) Martin waived his appeals and said he had tried to escape from prison out of a sense of hopelessness.

EDITORIALS: Expanding Conservative Concerns About the Death Penalty

A recent editorial in the Dallas Morning News highlighted the voices of prominent conservatives who now oppose capital punishment, including former Texas Congressman Ron Paul and conservative political leader Richard Viguerie. The paper noted the new partnership between the student-centered organization Young Americans for Liberty and Conservatives Concerned About the Death Penalty. The editorial described why one Texas conservative, Pat Monks, a Republican precinct chairman in Harris County (Houston), changed his mind on the death penalty: "Ultimately .... [t]he impossibility of eradicating human error from the system hit home to him.... he came to see no deterrent value for a punishment that’s imposed unevenly at an intolerable expense to the public.” Read the full editorial below.

Texas Court of Criminal Appeals Denies New Hearing for Duane Buck

In a 6-3 decision on November 20, the Texas Court of Criminal Appeals denied a request from death row inmate Duane Buck for a new sentencing hearing, despite the fact that racially prejudicial statements had been made during his trial. While the jury was being asked to consider if Buck would be a future danger to society, a psychologist testified that African Americans commit a disproportionate number of criminal offenses. Buck's case was one of seven identified in 2000 by then-Texas Attorney General John Cornyn in which testimony linking race to future dangerousness was impermissibly used. The other six defendants received new sentencing hearings, but Buck did not because his case was still in the early stages of appeal. Three judges dissented, writing, "The record in this case reveals a chronicle of inadequate representation at every stage of the proceedings, the integrity of which is further called into question by the admission of racist and inflammatory testimony from an expert witness at the punishment stage." Buck's attorneys said they will appeal: "We will ask the U.S. Supreme Court to review the important due process and equal protection issues at stake in Mr. Buck’s case, and we are hopeful that the Supreme Court will intervene to right this unequivocal wrong," they said.

Ohio Execution Stayed at 11th Hour to Consider Inmate Organ Donation

On November 13 Ohio Governor John Kasich stayed the execution of Ronald Phillips less than 24 hours before he was to be die by lethal injection in order to consider Phillips' request to donate a kidney to his mother. Kasich stated, “I realize this is a bit of uncharted territory for Ohio, but if another life can be saved by his willingness to donate his organs and tissues then we should allow for that to happen.” Medical experts will now have time to determine whether Phillips would be a suitable donor for his mother, who is on dialysis, and other implications of the donation can be considered. In 1995, Delaware death-row inmate Steven Shelton was allowed to donate a kidney to his mother. His death sentence was later reversed for other reasons. However, in Florida, Joseph Brown was not allowed to donate a kidney to his brother, who later died. Brown was freed from death row after being exonerated in 1987. Phillips also offered to donate his heart to his sister after he was executed, but donations of vital organs have not been allowed during U.S. executions because of ethical issues. Texas allows general prisoners to donate non-vital organs, but not those on death row.

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