Texas

Texas

NEW VOICES: The "Death Penalty's Unlikely Opponents"

A recent CNN perspective examined the views of those they called "the most unlikely opponents of the death penalty, people who lost loved ones to unspeakable violence yet believe executing the killer will do nothing for family members or society."  For example, Ross Byrd, the son of James Byrd, Jr., who was dragged to his death behind a truck in Texas by Lawrence Brewer, nevertheless objected to Brewer's execution, saying "You can't fight murder with murder."  In Mississippi, the mother and siblings of James Anderson asked for his killer's life to be spared. In a letter to the district attorney, Barbara Anderson Young, Anderson's sister, cited the family's faith as one of the reasons why they opposed capital punishment. And Charisse Coleman, whose brother Russell (both pictured) was shot in a liquor store in Shreveport, Louisiana, pointed to the fallibility of the system: "The criminal justice [system]," she said, "is created by and conducted by humans.  As long as we're capable of making mistakes, we shouldn't be deciding who lives and dies."  Her views did not stem from sympathy for the defendant: "My opposition to the death penalty has nothing to do with Bobby Lee Hampton," she said. "He's a bad dude. He's never going to be a good dude. If I got a call that said Bobby Lee Hampton dropped dead in his cell last night, I don't think it would create a ripple in my pond. . . [but] I will [not] let Bobby Lee Hampton make me a victim, too, by taking me down that road of bitterness and revenge."

INNOCENCE: Three Men Walk Free in One Day After Unrelated Murder Convictions Overturned

On October 4, three men were released from prisons in Chicago (Illinois), Austin (Texas), and Los Angeles (California), after serving a combined six decades in prison for unrelated murders when courts overturned their convictions. In Texas, Michael Morton, who was convicted of killing his wife in 1986 based on circumstancial evidence, was cleared by new DNA tests. Jacques Rivera from Illinois was convicted of a gang-related murder on the basis of false evidence. In California, Obie Anthony's murder conviction was overturned after it was established that the primary witness in his case had lied after making a deal with the prosecution. While these defendants were not facing execution for their murder convictions, their cases highlight flaws in the criminal justice system that have also led to wrongful convictions in death penalty cases. "I thank God this wasn't a capital case. I only had life," Mr. Morton said after his release. In Morton's case, prosecutors withheld a statement by his son saying that he was not the killer. Government misconduct, along with false eyewitness testimony, false or coerced confessions, and use of informants, are some of the leading causes of wrongful convictions, according to the Innocence Project, a nonprofit organization that assisted in the release of the three defendants.

NEW RESOURCES: DPIC Offers Analysis of Executions by County

The Death Penalty Information Center is pleased to offer a new page illustrating the geography of the death penalty--Executions by County.  This page shows the top 15 counties in the U.S. measured by the number of executions since 1976 that emanated from these counties.  As revealed on the map, a small number of counties are responsible for a disproportionate number of executions. (Click on the map at left to enlarge.)  The information contrasts with the counties that have had the most murders, which is also provided.

The top 15 counties accounted for 32% of the executions (402) in the U.S. since 1976, even though they represent less than 1% of the total number of counties in the country.  Counties in Texas accounted for 9 out of the top 15 jurisdictions by executions since 1976.  The page also lists the top counties by execution outside of Texas.  DPIC's newly revised Execution Database enables you to sort executions by county and by state for further analysis.

NEW VOICES: In Inter-racial Killing, Victim's Family Asks District Attorney Not to Pursue Death Penalty

Family members of James Anderson (pictured), who was killed on June 26 in Jackson, Mississippi, are asking the District Attorney not to seek the death penalty for Anderson's killer.  Deryl Dedmon, a white teenager, was charged with Anderson's murder after he and other white teens took turns beating him.  Dedmon then drove over Anderson with a truck.  Barbara Anderson Young, the victim's sister, wrote a letter to the D.A. on behalf of their mother and two brothers, saying that their opposition to the death penalty is "deeply rooted in our religious faith, a faith that was central in James' life as well." The letter continued, "We also oppose the death penalty because it historically has been used in Mississippi and the South primarily against people of color for killing whites.  Executing James' killers will not help balance the scales. But sparing them may help to spark a dialogue that one day will lead to the elimination of capital punishment."  On September 21, Texas executed Lawrence Brewer, a white supremacist who dragged an African-American man to death in Jasper 13 years ago.  Some members of the victim's family also opposed the death penalty.

U.S. Supreme Court Halts Execution For Third Time in a Year

Desert Storm veteran Cleve Foster (pictured), who faced execution in Texas for the third time this year for a murder nearly a decade ago, was granted another stay by the U.S. Supreme Court on September 20.  The Supreme Court stopped Foster's execution twice before in 2011.  In January, six hours before his scheduled execution, the Justices granted a reprieve to allow them more time to consider his appeal.  In April, the Court again halted his execution when his lawyers sought a rehearing, claiming that Foster was innocent and had ineffective legal assistance at his trial and during the early stages of his appeal. They later lifted the stay.  Foster has always maintained that his friend was responsible for the murder. The friend also received the death penalty for the crime but died of cancer before he was executed.  Duane Buck, who was scheduled to be executed in Texas on Sept. 15, received a reprieve similar to Foster's from the Supreme Court.  On September 21, Lawrence Brewer is facing execution in Texas for dragging a man to death in Jasper more than 13 years ago.  Some of the victim's family members oppose the execution.  Also on Sept. 21, Troy Davis is scheduled to be executed at 7 pm EDT in Georgia.

NEW VOICES: Former Texas Assistant District Attorney Now Wants to Halt Execution

Linda Geffin (pictured) was one of the Texas prosecutors who won a conviction and death sentence for Duane Buck in 1997.  She is now the division chief of the Special Prosecutions Unit in the Office of the Harris County Attorney, and she is urging Gov. Rick Perry and other state officials to stop Buck's September 15 execution because improper race evidence was put before the jury considering his sentence.  In a letter to state officials, Geffin said that former Texas Attorney General John Cornyn had previously acknowledged the "improper injection of race in the sentencing hearing in Mr. Buck's case," and that "No individual should be executed without being afforded a fair trial, untainted by considerations of race."  On June 9, 2000, Cornyn called for new sentencing trials for the defendents who had been improperly sentenced to death because of the racially biased testimony.  Of those seven defendents, Buck is the only one who has not been granted a new sentencing.

NEW RESOURCES: 2011 DEATH ROW USA Report Now Available

The latest edition of the NAACP Legal Defense Fund's "Death Row USA" showed a slight increase of 9 inmates in the death row population in the United States between October 1, 2010 and January 1, 2011. However, death row is still significantly smaller now (3,251 inmates) than in 2000 (3,682 inmates). The size of death row also declined overall in 2010.  The size of death row is affected by the number of death sentences and the number of executions. Nationally, the racial composition of those on death row is 44% white, 42% black, and 12% Latino/Latina. Texas, Louisiana, and Connecticut had death rows consisting of 70% minority defendants.  California continues to have the largest death row population (721), followed by Florida (398), Texas (321), Pennsylvania (219), and Alabama (206). California and Pennsylvania have not carried out an executiion in over five years.  The report contains the latest death row population figures, execution statistics, and an overview of recent legal developments related to capital punishment.

NEW RESOURCES: States Ranked by Executions Per Death Sentence

DPIC has updated its Executions Per Death Death Sentence page to reflect data through 2010.  This page lists states in order of the percentage of death sentences resulting in an execution since the death penalty was reinstated in 1976.  If every death sentence resulted in an execution, the state would be at 100%, or a rate of 1.00.  Using this ratio of executions per death sentence, the first five states are Virginia (.725), Texas (.498), Utah (.368), Missouri (.347), and Delaware (.311).  Of those states that have carried out at least one execution, the five states with the lowest rate of execution are Pennsylvania (.008), California (.015), Idaho (.025), Oregon (.028), and Tennessee (.035).  Four states with the death penalty during this time period had no executions: Kansas, New Hampshire, New Jersey, and New York.  The latter two have abandoned the death penalty.  Nationally, about 15% of death sentences have resulted in an execution (a rate of .150).  Another measure of state execution rates is executions per capita (population).  Under this standard, Oklahoma and Texas are the leading states.

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