[Deathpenalty] death penalty news----TEXAS

[Rick Halperin]

Oct. 15



The last testimony: The final words of Texas death row prisoners

In the state of Texas, condemned prisoners can deliver a final statement.


Since 1982, the Texas Department of Criminal Justice has executed 475 death-row 
prisoners by lethal injection.

Before they died, each prisoner had the chance to eat a final meal of their 
choosing (a right which last month was deemed not inalienable, and removed), 
and to speak their last words in the form of a recorded statement. A final 
testimony may be a tradition inherited from Britain, but freedom of speech is a 
concept as hardwired into the American constitution as the right to bear arms. 
Approximately seven minutes after delivering their statement, the speaker is 
dead, so these words are their arsenal: a last opportunity for the convict to 
give the world their view on the crime, often horrific, and usually committed 
many years before.

Most of the statements, says Robert K Elder, author of Last Words of the 
Executed, conform in some way with the 'five stages of grief' theory: denial, 
anger, bargaining, depression, acceptance. And whether there is remorse for the 
victims or not, there will be grief for the actions that have brought them to 
their own point of death. "I would like to tell my Uncle Kyle that I am sorry," 
the 29-year-old convict Carlton Turner said in 2008. "I have been sorry for the 
last 10 years for what I did. I wish you could accept my apology... I know you 
can't give your forgiveness..."

Few statements are long, but all are glimpses of much bigger stories. Some are 
apologies, flat acknowledgements of actions regretted, deeds unchangeable, the 
powerlessness to gather back a darkness unleashed. Many show a fractured 
character: a murderer, yet a caring husband; a killer, but a father who loves 
his children. "I wish I could... change it, but I know I can't," John Alba says 
in May 2010. He had murdered his wife nine years before, shooting her 
repeatedly with a pistol. He thanks his children for their support, praises 
them for turning into good adults, sends his grandchildren a kiss from their 
"Papa".

And, of course, many find faith on death row. This new belief is often spoken 
of, too, as fervent as a childlike prayer for sleep at bedtime, as the clock 
ticks towards the end of life in this realm.

Name: Steven Woods

Executed: 13 September 2011

Age at the time of offence: 21

Age when executed: 31

Offence: Woods and a co-defendant killed a 21-year-old white male and a 
19-year-old white female victim with shots to the head and by cutting their 
throats.

"You're not about to witness an execution, you are about to witness a murder. I 
am strapped down for something Marcus Rhodes did. I never killed anybody, ever. 
I love you, Mom. I love you, Tali. This is wrong. This whole thing is wrong. I 
can't believe you are going to let Marcus Rhodes walk around free. Justice has 
let me down. Somebody completely screwed this up. I love you too, Mom. Well 
Warden, if you are going to murder someone, go ahead and do it. Pull the 
trigger. It's coming. I can feel it coming. Goodbye."

Name: Humberto Leal Jr

Executed: 7 July 2011

Age when executed: 38

Age at the time of offence: 21

Offence: Rape and murder of a 16-year-old

"I am sorry for everything that I have done. I've hurt a lot of people... Lord 
Jesus Christ in my life, I know He has forgiven me, I have accepted His 
forgiveness. I have accepted everything. Let this be final and be done. I take 
the full blame for this. I am sorry and forgive me. I am truly sorry. I ask for 
forgiveness. Life goes on and it surely does. I am sorry for the victim's 
family for what I had did. May they forgive me. I don't know if you believe me, 
life goes on... Life goes on, it surely does. I ask for forgiveness. I am truly 
sorry. That is all. Let's get this show on the road. One more thing, Viva 
Mexico, Viva Mexico."

Name: Michael Perry

Executed: 1 July 2010

Age at the time of offence: 19

Age when executed: 28

Offence: Perry and a co-defendant fatally shot a 50-year-old white female, a 
17-year-old white male and and 18-year-old white male.

"... I want to start off by saying to everyone know that's involved in this 
atrocity that they are all forgiven by me. Mom, I love you... (crying) I am 
ready to go Warden. Coming home dad, coming home dad."

Name: Cary D Kerr

Executed: 3 May 2011

Age at the time of offence: 36

Age when executed: 46

Offence: Kerr sexually assaulted a 34-year-old white female, strangled her, 
then pushed her out of a moving vehicle, resulting in her death.

"... Tell my sister Tracey, I love you. Nicole, thank you and I love you. Wanda 
and all of my friends, I love you and thank you for your support. To the State 
of Texas, I am an innocent man. Never trust a court-appointed attorney. I am 
ready Warden. Thank you, Brad, I'm sorry. Check that DNA, check Scott. Here we 
go. Lord Jesus, Jesus."

Name: Karla Faye Tucker

Executed: 3 February 1998

Age at the time of offence: 23

Age when executed: 38

Offence: with an accomplice, slayed two people with a pickaxe. The bodies of 
both victims had more than 20 puncture or stab wounds

"Yes sir, I would like to say to all of you – the Thornton family and Jerry 
Dean's family that I am so sorry. I hope God will give you peace with this. 
Baby, I love you. Ron, give Peggy a hug for me. Everybody has been so good to 
me. I love all of you very much. I am going to be face to face with Jesus now. 
Warden Baggett, thank all of you so much. You have been so good to me. I love 
all of you very much. I will see you all when you get there. I will wait for 
you."

Name: Reginald Blanton

Executed: 27 October 2009

Age at the time of offence: 18

Age when executed: 28

Offence: Blanton and one co-defendant shot and killed a 20-year-old Hispanic 
male in his apartment. Blanton took jewellery from the victim which was later 
pawned for $79.

"I know ya'lls pain, believe me I shed plenty of tears behind Carlos. Carlos 
was my friend. I didn't murder him... what is happening right now is an 
injustice. This doesn't solve anything. This will not bring back Carlos. Ya'll 
fought real hard here to prove my innocence. This is only the beginning. I love 
each and everyone dearly... They are fixing to pump my veins with a lethal drug 
the American Veterinary Association won't even allow to be used on dogs. I say 
I am worse off than a dog. They want to kill me for this; I am not the man that 
did this. Fight on. I will see ya'll again..."

Name: Terry Lee Hankins

Executed: 2 June 2009

Age at the time of offence: 26

Age when executed: 34

Offence: Hankins shot his 34-year-old wife in the head while she was sleeping, 
resulting in her death. The next day, Hankins shot and killed his 10- and 
12-year-old stepchildren in the same manner. After his arrest, Hankins told 
authorities where to find the bodies of his 55-year-old father and his 
20-year-old sister, whom he murdered in 2000.

"Yes, I am sorry for what I've done and for all of the pain and suffering that 
my actions have caused. Jesus is Lord. All glory to God."

Name: Dale Devon Scheanette

Executed: 10 February 2009

Age at the time of offence: 23

Age when executed: 35

Offence: Scheanette sexually assaulted and strangled a 22-year-old black 
female.

"Is the mic on? My only statement is that no cases ever tried have been error 
free. Those are my words. No cases are error free. You may proceed Warden."

Name: David Martinez

Executed: 4 February 2009

Age at the time of offence: 22

Age when executed: 36

Offence: killed girlfriend and her 14-year-old son with a baseball bat, let her 
10-year-old daughter run away. No motive offered.

"... Nothing I can say can change the past. I am asking for forgiveness. Saying 
sorry is not going to change anything. I hope one day you can find peace. I am 
sorry for all of the pain that I have caused you for all those years... I can't 
change the past. I hope you find peace and know that I love you. I am sorry. I 
am sorry and I can't change it."

Name: Virgil Euristi Martinez

Executed: 28 January 2009

Age when executed: 41

Age at the time of offence: 28

Offence: Martinez fatally shot a 27-year-old Hispanic female, her two young 
children, and an 18-year-old Hispanic male.

"... First, Veronica's sister. I know what you've been told and that's all a 
lie. John Gomez killed your kids and sister. I know ya'll love John Gomez but 
he was a violent man. I wish I would have shot him in the leg, then he would be 
here. Those investigators were just trying to convict somebody."

Name: Gregory Wright

Executed: 30 October 2008

Age at the time of offence: 31

Age when executed: 42

Offence: Wright broke into the home of a white female and stabbed her with a 
knife, causing her death. Wright took many items from the home and left the 
scene in the victim's vehicle.

"... John Adams lied...He made deals and sold stuff to keep from going to 
prison... John Adams is the one that killed Donna Vick. I took a polygraph and 
passed. John Adams never volunteered to take one. I have done everything in my 
power. Donna Vick helped me; she took me off the street... Donna gave me 
everything I could ask for. I helped her around the yard. I helped her around 
the house. She asked if there were anyone else to help. I am a Christian 
myself, so I told her about John Adam. We picked him up at a dope house. I did 
not know he was a career criminal... I was in the bathroom when he attacked. I 
am deaf in one ear and I thought the TV was up too loud. I ran in to the 
bedroom. By the time I came in, when I tried to help her, with first aid, it 
was too late. The veins were cut on her throat. He stabbed her in her heart, 
and that's what killed her. I told John Adams, 'Turn yourself in or hit the 
high road'. I owed him a favour because he pulled someone off my back... Two or 
three days later he turned on me. I have done everything to prove my innocence. 
Before you is an innocent man. I love my family. I'll be waiting on ya'll..."

Name: Michael Rodriguez

Executed: 14 August 2008

Age at the time of offence: 40

Age when executed: 40

Offence: While on escape from TDCJ [prison], Rodriguez and six co-defendants 
robbed a sporting-goods store at gunpoint; a police officer was murdered as the 
co-defendants left the scene.

"... I know this no way makes up for all the pain and suffering I gave you. I 
am so so sorry. My punishment is nothing compared to the pain and sorrow I have 
caused... I am not strong enough to ask for forgiveness... I realise what I've 
done to you and the pain I've given. Please Lord forgive me. I have done some 
horrible things. I ask the Lord to please forgive me. I have gained nothing, 
but just brought sorrow and pain to these wonderful people. I am sorry. So so 
sorry... Father God I ask you too for forgiveness. I ask you for forgiveness 
Lord. I am ready to go Lord..."

Name: Carlton Akee Turner

Executed: 10 July 2008

Age at the time of offence: 19

Age when executed: 29

Offence: Turner fatally shot his adoptive parents whose bodies were discovered 
in their garage.

"First of all I would like to tell my Uncle Kyle that I am sorry. I have been 
sorry for the last 10 years for what I did. I wish you could accept my apology. 
I know you can't accept my apology, I know you can't give your forgiveness; 
it's OK and I understand... I have done what I could to heal the rest of the 
family... I know I was wrong; I accept responsibility as a man. I take this 
penalty as a man. This doesn't solve anything, 'cause it hurts others that love 
me. I am sorry. I love you Kjersti. I love you too Roland. I love you too Uncle 
Kyle; I am still your nephew, no matter what you believe."

Name: Mark Stroman

Executed: 20 July 2011

Age at the time of offence: 31

Age when executed: 42

Offence: Stroman murdered a 49-year-old Middle Eastern male convenience store 
employee during an attempted robbery.

"Even though I lay on this gurney, seconds away from my death, I am at total 
peace. May the Lord Jesus Christ be with me. I am at peace. Hate is going on in 
this world and it has to stop. Hate causes a lifetime of pain. Even though I 
lay here I am still at peace. I am still a proud American, Texas loud, Texas 
proud. God bless America, God bless everyone... it's been a great honour. I 
feel it; I am going to sleep now. Goodnight, 1, 2 there it goes."

Name: Milton Wuzael Mathis

Executed: 21 June 2011

Age at the time of offence: 19

Age when executed: 32

Offence: Mathis shot three victims in the head with a .45 caliber pistol at a 
known drug house in Fort Bend County, Texas. One of the victims, a 15-year-old 
Hispanic female, survived the shooting, paralysed from the chest down.

"...To all my supporters, family and friends; I love y'all and appreciate 
y'all. To the ones representing me today, thank you for everything. The system 
has failed me. This is a miscarriage of justice. There are people on death row 
that need help. I love my family. I love you too, Mom... I asked the Lord to 
have mercy on me and I hope He has mercy on these people carrying out this mass 
slaughter. They have no respect for humanity. To Melanie, I never meant to hurt 
you. You were just in the wrong place at the wrong time. I am not asking for 
your forgiveness... I hope you get better and for the doctors to continue to 
take care of you. Take care of my mother for me..."

Name: Lee Taylor

Executed: 16 June 2011

Age at the time of offence: 20

Age when executed: 32

Offence: in a prison dayroom, Taylor, a member of the Aryan Brotherhood of 
Texas, fatally stabbed ablack male offender multiple times with an 8" home-made 
weapon.

"... Jennifer, I love you. Mom, I love you. Rick, take care of you. For all of 
you people, I defended myself when I killed your family member. Prison is a bad 
place. There was eight against me. I didn't set out to kill him. I am sorry 
that I killed him, but he would not have been in prison if he was a saint... I 
hope people understand the grave injustice by the state. There are 300 people 
on death row, and everyone is not a monster. Texas is carrying out a very 
inhumane injustice. It's not right to kill anybody just because I killed your 
people. Everyone changes, right? Life is about experience and people change... 
I hope you don't find satisfaction in this, watching a human being die."

Name: Michael Wayne Hall

Executed: 15 February 2011

Age at the time of offence: 18

Age when executed: 31

Offence: Hall and one co-defendant abducted a 19-year-old white female from a 
public street and drove her to a remote location where they shot her several 
times. They were caught at the border attempting to leave the state.

"First of all I would like to give my sincere apology to Amy's family. We 
caused a lot of heartache, grief, pain and suffering, and I am sorry. I know it 
won't bring her back. I would like to sing, I would like to sing for that 
person's dead... As for my family, I am sorry I let you down. I caused a lot of 
heartache, and I ask for your forgiveness. I am not crying for myself, I am 
crying for... those that don't know God and have never been set free. I've been 
locked up 13 years. I am not locked up inside... Here I am a big strong 
youngster, crying like a baby. I am man enough to show my emotions and I am 
sorry. I am sorry for everything. I wish I could take it back, but I can't."

Name: Larry Wooten

Executed: 21 October 2010

Age at the time of offence: 37

Age when executed: 51

Offence: Wooten murdered an 80-year-old black male and his 86-year-old wife. 
Wooten stabbed the victims and cut their throats. Wooten then robbed the couple 
of $500-600 in cash.

"No sir. Warden, Since I don't have nothing to say, you can go ahead and send 
me to my Heavenly Father."

Name: John Alba

Executed: 25 May 2010

Age at the time of offence: 36

Age when executed: 54

Offence: killed his wife, Wendy Alba, when she was aged 28

"... First I want to tell the victim's family, Wendy's family, I am sorry for 
taking something so precious to you and to my kids. I wish I could take it all 
back and change it, but I know I can't... Sabrina, you are a wonderful 
daughter, I am proud of you. Jr., John, you turned out to be a great young man. 
Hector, you too. Amy, thank you for always being there... To my family, I 
appreciate you always standing by me and everything ya'll have done. Tell, 
everyone I love them. I'll be OK. You will too. Remember what asked you. Give 
my love to the grandchildren. Tell Jake and Mia, Papa Alba loves them... OK 
Warden, let's do it, I love y'all. I can taste it already. I am starting to 
go."

Name: James Edward Martinez

Executed: 10 March 2009

Age at the time of offence: 26

Age when executed: 34

Offence: Martinez fired 20 shots into the victims' vehicle, resulting in the 
death of a 20-year-old white male and 29-year-old white female.

"Yes sir, I want to tell my Mom that I love her and thank her for everything 
that she has done for me. Tell my sister that I love her too thank her for 
everything that she has done for me. I hope you can move on after this. I'll be 
fine. I'll be OK. I love you too. I love you too. Take care OK. That's all I 
have to say Warden. Thank you sir."

All final statements taken from the Texas Department of Criminal Justice

(source:  The Independent)



****************

Serial Killer Hearing Delayed; Defense Challenges Psychologist----Scheduled To 
Continue In December In San Antonio Or Austin Court


The hearing to determine whether serial killer David Leonard Wood is mentally 
retarded and should be spared the death penalty is in recess until December, a 
judge said.

Senior Judge Bert Richardson was visiting El Paso from San Antonio, and the 
prosecution and defense attorneys are from Austin. They all had to be home this 
weekend, and said they expected the hearing to be completed by Friday.

Defense attorney Laura Ferry said shortly before the hearing was recessed that 
she was "nowhere near finished" cross-examining psychologist Thomas Allen, who 
has testified for 2 days about why he believes Wood is not retarded.

Wood has been on death row since 1992 for the 1987 killings of northeast El 
Paso women. He was convicted on kidnapping, killing and burying 1 woman plus "1 
or more" of 5 additional women under the so-called "serial killer statute."

One of those additional women was 20-year-old Karen Baker, who was found buried 
in the desert of northeast El Paso within a half mile of 5 other women. She had 
three children at the time, the youngest of which was Jessica Chavez.

Chavez was a few weeks shy of her first birthday when Baker went missing. She 
is now 25 and saw Wood in person for the 1st time on Friday.

"Waited my whole life just to see him in person and it's not as exciting as I 
thought it would be," Chavez told KFOX-14.

Laura Ferry with Texas Defender Services questioned Allen for several hours on 
Friday about supposed inconsistencies with his testimony.

She questioned why Allen didn't think Wood's failing 1980 IQ score was 
reliable, but seemed to place a lot of value on Wood's above average 1977 IQ 
score. Allen said both IQ scores are possibly not reliable.

Later, Ferry challenged Allen's evaluation of Wood, which he performed last 
month. She said Wood was sick and very tired at the time, and accused Allen of 
not taking into consideration those factors. Allen said he did not believe 
those factors affected Wood's performance.

At one point, Allen defended his evaluation by saying, "If you were a 
psychologist, you would understand exactly what I was saying."

"The judge is the finder of fact in this case. I'm assuming that you didn't 
assume that the judge would be psychologist," Ferry responded.

Allen fired back: "I assumed 2 things: one, he's not a psychologist, and two, 
he isn't stupid," apparently questioning Ferry's intelligence.

Later, Ferry talked extensively about "intellectual disability.' Richardson 
interrupted her at one point and said: "All right, I think I've heard enough," 
and suggested Ferry move on to another issue.

Chavez said she became bored with Friday's testimony.

"Just want justice for my mom and the other girls. Hopefully this doesn't drag 
out much longer," she said.

Wood was scheduled to be executed in August 2009, but the Texas Court of 
Criminal Appeals granted him a stay of execution to give his attorneys time to 
prepare to argue that he is retarded.

The hearing is scheduled to continue in a San Antonio or Austin court, closer 
to Richardson or the attorneys.

(source: KFOX TV News)

*******************

McLennan DA fights DNA testing because exonerations override juries


Another Texas District Attorney, this time in Waco, is opposing post-conviction 
DNA testing in a possible innocence case.

The McLennan County District Attorney’s office will oppose a request for new 
DNA testing in the decades-old Lake Waco triple murders case.

Waco attorney Walter M. Reaves filed a motion asking for the testing Wednesday. 
It is part of an effort to exonerate Anthony Melendez, the only living 
defendant in the 1982 slayings of 3 teenagers.

In the motion, Reaves argues the testing is warranted because DNA analysis was 
not available when Melendez was convicted. He pleaded guilty but has since 
recanted, claiming he falsely confessed because his lawyers told him he would 
almost certainly get the death penalty if he went to trial.

Waco attorney Walter M. Reaves filed a motion asking for the DNA testing in the 
Lake Waco trople murder case Wednesday. It is part of an effort to exonerate 
Anthony Melendez, the only living defendant in the 1982 slayings of 3 
teenagers.

The motion does not ask the state to pay for the DNA testing. It only asks that 
54th State District Judge Matt Johnson order the testing be done. Remarkably, 
DA Abel Reyna said he prefers erroneous jury decisions over facts if they prove 
innocence:

Reyna said every request for post-DNA conviction must be carefully considered.

But in general, he doesn’t support such testing because it overrides what a 
jury decided, he said.

That seems like a bizarre stance for someone charged in state law with seeking 
justice. If the jury convicted an innocent person, their decision should be 
overridden. In any event, the Texas Legislature this year eliminated most 
grounds for prosecutors to oppose post-conviction DNA testing where the results 
might be probative, so I expect the DA's opposition will fail and the testing 
will eventually go forward.

When Reyna was elected he announced he intended to model how he ran his office 
on John Bradley's shop in Williamson County and hired one of Bradley's 
prosecutors as his first assistant. So it's not surprising to see him fighting 
DNA testing, just like John Bradley did for years in the Michael Morton case. 
But it's remarkable that he'd mimic Bradley's stance on post-conviction DNA 
testing after all that's happened recently in Williamson County. He's unlikely 
to prevail in court and if the DNA evidence proves exculpatory, Mr. Reyna will 
find himself in the crosshairs just like his role model from a few miles south 
down I-35.

(source: gritsforbreakfast)