[Deathpenalty] death penalty news----TEXAS

[Rick Halperin]

Feb. 24



TEXAS:

Family sues in jail suicide of death row inmate who hoped to overturn 
conviction


The family of a death row inmate who died at Harris County Jail while in 
Houston to appeal his conviction are suing county officials for his wrongful 
death by suicide 2 years ago.

Antonio Williams' mother who filed on behalf of herself and children and heirs 
unknown asserts that the county sheriff, county judge and an assistant district 
attorney involved in Williams' conviction should be liable for the cruel and 
unusual circumstances of his imprisonment at the county facility and for 
failing to protect him.

In addition, the suit singles out former Assistant District Attorney Lance Long 
for conspiring "to pressure witnesses to lie about their identification of Mr. 
Williams as the perpetrator of the capital murder."

The Harris County Attorney's Office plans to file a response on behalf of the 
sheriff, the county judge and the county itself. Officials at district 
attorney's office were not immediately available for comment.

At the time of Williams' suicide in 2015, Patrick McCann, the family's attorney 
called it "a bizarre story" because Williams had been assigned to 23-hour-a-day 
isolation where he should not have had access to the shoelaces he used to hang 
himself.

Williams, 34, was taking psychotropic medications for depression, but he was 
not supervised by mental health providers at the jail, according to the 
allegations.

Williams was convicted of capital murder in 2007 in the shooting deaths of 
Vincent Williams, 18, and Yolanda Styles, 22, in northwest Houston. Testimony 
at trial revealed that a gunman with an assault rifle fired about 30 rounds at 
the victims in a killing spree related to a drug ring.

2 witnesses testified that Williams was the gunman, but later recanted, saying 
they were pressured to lie by prosecutors and investigators. The 2 women who 
saw the shooting from a 2nd floor patio said they were told to identify 
Williams despite their claims that the killer was a man named Keith who had 
dreadlocks with blond tips, according to court documents in Williams' defense.

Williams was found hanging by shoelaces from the exposed ledge of an inset 
grate at about 1 a.m. on Feb 19, 2015, and he was pronounced dead shortly 
thereafter. A Sheriff's Office spokeswoman at the time said she did not know 
why Williams would have had shoelaces in his cell.

(source: Houston Chronicle)

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

Let's #VerifyThis: Do we need the death penalty?


The death penalty is always a controversial topic. Lots of us know exactly how 
we feel about it. But do we know why we think that way? When Verify asked for 
people who strongly support the death penalty, Sharmin Anselm volunteered. 
She's a mother and a grandmother from Burleson, TX and she works at a phone 
company.

"If you're a pedophile and you've murdered a child. I don't think you should 
have that right to live. Sharmin's rock solid in favor of the death penalty.

"You didn't have to kill those people," she said.

So, reporter David Schechter is going to expose her to people who oppose it and 
she's going to explore this question: Do we need the death penalty?

Sharmin and David head to Huntsville, where Texas executes death row inmates 
and where 43-year old Terry Edwards is scheduled to die by lethal injection. 
Edwards was convicted of robbing a Subway sandwich shop in 2002 for murdering 2 
employees.

"This is about as solemn of thing that you can go to," David said. "Kind of 
like a funeral," Sharmin responded.

David asked the state if Sharmin could witness Edward's execution. They said no 
because she's not a journalist.

So, David will be witnessing it for her.

A small group of protestors gather outside the Walls Unit Prison, including Pat 
Hartwell. She's a long-time opponent of the death penalty.

"To watch someone die is an experience that you never want to have in your 
life," Hartwell said.

"You say we shouldn't murder these people but they've murdered. We don't play 
God but they play God. How do you use that argument for these people when this 
is what they've done?" Sharmin asked Hartwell.

"What do we gain by killing Terry tonight? What is going to be accomplished?" 
Hartwell responds.

"You tell me what you believe is being accomplished?" Sharmin asked.

"Nothing. Absolute nothing," Hartwell answered. Hartwell says watching an 
execution is enough to change anyone's mind.

"It floored me to watch a perfectly healthy person have the life sucked out of 
them. it affected me so much," she said.

As David heads in to witness the execution, day turns to night. But first 
Sharmin and David want to learn about the legal system that sends inmates to 
death row.

Rick Halperin is a professor at Southern Methodist University.

He's an internationally recognized opponent of death penalty. He says, when it 
comes to the capital punishment-- if you're poor-- the legal system is broken.

"It is the have-nots of our society. They are the easiest group of people not 
to like and to care even less about because most of them have done these 
terrible things," he said.

This is what death row looks like. The largest group are black, at 44% 
according to the Texas Tribune. Records provided by the Texas Department of 
Criminal Justice show 65% report having less than a high school education. 
Almost all are poor, Halperin says.

He says these are the kinds of people, least equipped to defend themselves.

"It's a system that's flawed and you won't ever have a perfect system. When are 
they punished enough?" Sharmin asked.

"I can't sit here and tell you I have the answer to that question. I just don't 
think we should be in the business of killing people, especially when the 
system is so flawed," Halperin answered.

Back in Huntsville, the witnesses, including David, are led to the death 
chamber-- where cameras are not allowed. Sharmin is talking to protesters, like 
Yancy Balderas.

Her husband is actually on death row. She wasn't happy with her husband's 
court-appointed attorney.

"I went to go to a private attorney. He said, just to start, he needed $60,000 
up front. Where we going to get that money from," Balderas said.

Protesters ring a bell 14 times, once for every year Edwards was on death row.

So, what was the execution scene like?

"He starts making this heavy breathing sound and then snoring for about 45 
seconds," David recounts.

"Because the medicines had been started, or whatever?" asked Sharmin.

"Then that was it," David said.

"How did it affect you? Sitting in on an execution?" Sharmin asked.

"The big sentiment I walked out of there with was the government has a lot of 
power. To take a life. That is a power I hadn't thought a lot about the 
government having. They can take a life," David told Sharmin.

Sharmin and David are on the road to Houston now ... and a meeting with Anthony 
Graves. He spent almost 19 years on death row for a crime he didn't commit.

Now he runs a foundation that helps inmates prove their innocence and has 
written a book about his experiences.

To him, being exonerated does not mean the system works.

"You stole 18.5 years of my life. You tried to murder me for something I knew 
absolutely nothing about. You damaged me and now you say it's okay?" Graves 
said.

"Some of these crimes are pretty heinous, so where do we go with the punishment 
fitting the crime?

"We have what's called life without parole. It's a death sentence. You've got 2 
death sentences. You got one where they're going to pump poison in your vein. 
And you've got one where you're going to die of natural causes," said Graves.

"So, if both are death sentences why do we have to stoop so low to treat people 
like animals? Kill them like pigs and put poison in their vein when we can take 
the high road in society and let them die of natural causes," Graves added.

Life without the possibility of parole, what Graves favors, is now a sentencing 
option for juries in every state but Alaska.

Experts say it's 1 reason why the number of death sentences in America has 
plummeted 84% in the last 20-years. From 311 sentences in 1995 to 49 in 2015.

For Anthony, life without parole means you never execute an innocent man.

"When you execute him and he's innocent you can't bring him back and say I'm 
sorry," Graves said.

We're back in Huntsville to wrap up the trip and understand what Sharmin's 
thinking. She started this trip believing the death penalty is just punishment, 
has now heard the case against it.

"It's been very enlightening, See where both sides are coming from," said 
Sharmin.

"Is it possible you want the death penalty, more than we need the death 
penalty? Does it make you feel justice was done?" David asked.

"Depending on the case, I sure do," Sharmin answered.

"But does everybody need it?" David asked.

"I think it's a good thing to have," said Sharmin.

"You want it, do we all need this?" David asked, further pressing the question.

"I believe it's needed in our society and our justice system," she answered. 
"Used the correct way, done the right way, you need to held to a higher 
punishment for the higher crimes," she finished.

For Sharmin it still comes down to this ... the most horrific crimes deserve 
the ultimate punishment.

(source: WFAA news)

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

Death Row RGV


You can find corruption and crime in almost every major city in the United 
States. But being close to Mexico can many times make things worse. That is not 
the case for murder in the valley. Those stats are way down now

However, there have been some bloody times that left our area with a black eye. 
Many of the people behind those cases are now waiting to be executed. News 
Center 23's Amy Martinez reports in "Death Row RGV."

A total of 10 inmates from the Rio Grande Valley are currently sitting on death 
row. The clock is ticking, as they wait to take their last breath.

These are a few of the people who have committed some of the most heinous 
crimes in the State of Texas. Of those 10, 6 are from Hidalgo County.

46-year-old Douglas Armstrong. He was sentenced to death for cutting the throat 
of a middle aged man with a box cutter. Killing him, and taking off with his 
money. Then there are other cases that may ring a bell.

The 2003 Edinburg massacre that left 6 men dead just days after the new year.

"Not only was it known county-wide, but also nation-wide." said Hidalgo County 
District Attorney Ricardo Rodriguez.

Rodriguez calls the Edinburg massacre one of the largest mass murders in the 
valley.

"Obviously because it was a series of crimes that were committed all together, 
at the same time. And there were other crimes that were associated with it, 
with that incident and were tied up as well."

Court records state a total of 13 Tri-City Bombers were responsible for the 
death of rival gang member, Jerry Hidalgo, and 5 others. A gang that originated 
in the Pharr-San Juan-Alamo area. A few months prior to the massacre, several 
of the same gang members were involved in the slayings of 4 women in Donna. 
33-year-old Robert 'Bones' Garza was executed on September 19, 2013 as a 
result. 3 others with executions pending.

The murders of 10 people turned the stomachs of many valley residents. And only 
months passed before the RGV would see something even more sinister. This time, 
in Cameron County.

The death by beheading of 3 young children at the hands of their parents inside 
a small apartment in downtown Brownsville. Better known as the Rubio House 
Murders.

Cameron County District Attorney Luis Saenz said, "On March 11,2003, 3 children 
were horrendously murdered. They were decapitated. As the facts later revealed, 
they were stuffed in trash bags. Very, very horrible scene."

This time around, the valley made international headlines. An act carried out 
by orders of satan, according to the drug-induced killers. Marcos Castro, 
Cameron County Resident, "I remember back then when this did happen, a lot of 
people gathered out here, everyone brought teddy bears. I personally, I 
remember I brought a lot of my toys, left them out here. There was a Virgin 
Mary a lot of people were out here praying for them."

The gruesome triple homicide became the valley's dark spot on its soul for many 
years.

District Attorney Saenz, "So horrible, that some of the most veteran police 
officers that went in there, to this day still recall the incident and are 
still traumatized by what they saw."

36-year-old John Allen Rubio is awaiting execution for killing his 3 children, 
Julissa, John and Mary Jane. His common-law wife Angela Camacho is serving 
three life sentences in Gatesville after pleading guilty to the murders. But 
Rubio is only 1 of the 4 inmates who are still waiting to pay for the crimes 
they've committed.

On August 12, 2008 Melissa Elizabeth Lucio was sentenced to death for the 
murder of her 2 year old daughter. Lucio is 1 of only 6 women in the State of 
Texas on death row.

Hidalgo County DA Rodriguez, "I don't think that there's ever gender involved. 
That's a decision made whether they'll seek the death penalty or not. If we 
have to go that route and proceed forward with the death penalty in a case, 
then obviously it's available."

Currently Rodriguez's office is working on a few cases where they may be 
seeking the death penalty.

Residents in the Rio Grande Valley have always been torn on the issue. A 
population of mostly Catholics, the majority with ties to Mexico, where the 
death penalty is outlawed. But in a state that carries out more executions than 
any other state in the country.

Juries in both Hidalgo and Cameron County have been clear on those crimes where 
an eye for an eye is necessary. Including the 10 individuals 9 men and 1 woman 
who will soon pay the ultimate price for carrying out the most gruesome and 
horrendous of all crimes.

(source: rgvproud.com)

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

Dallas DA should drop the death penalty against black man


Among all U.S. counties, Dallas stands out for its aggressive infliction of the 
death penalty against people of color. According to a report released last fall 
by the Fair Punishment Project at Harvard Law School, of the 3,143 counties in 
the U.S., Dallas is just 1 of 16 that imposed 5 or more death sentences between 
2010 and 2015. During that period, 7 of the 8 people Dallas sent to death row 
were African American, a number far disproportionate to the number of 
African-American homicide suspects.

This January, Faith Johnson became the 1st African-American woman to serve as 
Dallas County District Attorney; she is only the 3rd African American to hold 
this office in the state of Texas. As Dallas's top prosecutor, Johnson takes 
the helm of an office that has failed the African-American community for 
generations.

Now the Dallas District Attorney's office is seeking the death penalty against 
Erbie Bowser, an African-American veteran who has been diagnosed with a serious 
mental illness: post-traumatic stress disorder. The Bowser case offers an 
opportunity for Johnson to change the way her office has historically treated 
African Americans accused of committing capital crimes.

The crime Bowser is accused of is horrific, and the loss of life is 
devastating. Bowser is accused of killing 4 people, including his wife, and 
wounding 4 others. But there are compelling mitigating circumstances that argue 
for a sentence less than death while still ensuring accountability. In 2013, 
the D.A.'s office agreed not to seek the death penalty in a nearly identical 
case involving a white defendant, William Palmer. Palmer stabbed his wife and 
both her parents to death while his wife's sister and her 6-year-old hid in a 
closet.

Johnson has the discretion to also seek a life without parole sentence in the 
Bowser case. Doing so would send a strong message that Johnson is willing to 
break from the past by seeking an appropriate, fair sentence for Mr. Bowser.

African Americans have been disproportionately harmed by wrongful convictions, 
mass incarceration and an excessive use of the death penalty, as well as an 
effort to intentionally exclude African Americans from juries. Our voices on 
these issues have been sidelined and silenced all too often. The D.A's office 
can change this.

In the past, Dallas prosecutors have concealed exculpatory evidence and 
resorted to sloppy forensics, leading to the conviction of dozens of innocent 
people. Since 1989, 53 people have been exonerated of serious crimes in Dallas; 
65 % of these exonerees are African American. I am one of them. I was 
exonerated in 2009 after spending 12 years of my life behind bars as an 
innocent man. It is not a stretch to say that race played a role in my case; 
the furniture was the only other black presence in the courtroom.

Historically, African Americans have been intentionally excluded from serving 
on juries in Dallas. In 2005, the U.S. Supreme Court lambasted the D.A.'s 
office for deliberately striking 91 % of eligible African American jurors in 
one death penalty case. The court observed that African-American people in 
Dallas were "almost categorically ... excluded from jury service," 
intentionally cut out of the process designed to serve as the people's check on 
our prosecutorial system.

When she was sworn in, Johnson promised "to represent the people of Dallas 
County with integrity and justice and fairness." I applaud Johnson's spoken 
commitment to represent all of us. It will take a leader with courage and 
conviction to follow through on this promise, but Johnson is well-positioned to 
become this leader. She should swiftly enact reforms that meaningfully depart 
from Dallas's racially-biased past. The Bowser case is a good place to start.

(source: Christopher Scott was wrongfully convicted of murder in Dallas County 
in 1997. He was exonerated in 2009 and received more than $1 million in 
compensation for his wrongful conviction. He wrote this column for The Dallas 
Morning News)

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

Orders signed in Marvin Guy capital murder case


A man accused of killing a Killeen police detective still has no trial date set 
3 years after gunfire erupted on Circle M Drive in Killeen, but the case inched 
forward Thursday.

Judge John Gauntt signed three orders in the case of Marvin Louis Guy at the 
Bell County Courthouse. Details are unknown because the case is under a gag 
order Gauntt issued in September 2015.

In 2 of the orders, Guy's attorneys, Anthony Smith and Carlos Garcia, requested 
prosecutors produce ballistic evidence and "portions of discoveries that the 
state thinks they should not have to turn over."

Additionally, Gauntt signed an order relating to DNA testing and biological 
evidence.

"In regards to what Mr. Garcia is referring to, there is an ongoing discovery 
that has come out that we believe we are not required to turn over to the 
defense, and we will be tendering those to the court," assistant district 
attorney Paul McWilliams said to Gauntt.

"I think our agreement is that any legal arguments we have on that will be 
taken at a later date, once the defendant gets a chance to resurface that," 
McWilliams said.

Guy, 51, between his 2 attorneys, sat silently in an orange jumpsuit and black, 
thick-rimmed glasses. He faces a capital murder charge in the shooting death of 
Detective Charles "Chuck" Dinwiddie, a leader on the police department's 
special weapons and tactics team.

McWilliams requested a meeting with the judge to discuss matters further. 
District Attorney Henry Garza, McWilliams, Garcia and Smith met with Gauntt for 
about 30 minutes. Smith declined to comment on what was discussed, citing the 
gag order.

Another status hearing is the next step in the case, though Smith declined to 
confirm a date.

Guy is accused of shooting and killing Dinwiddie on May 9, 2014, when officers 
tried to serve a no-knock warrant at his home on Circle M Drive in Killeen. 
Officer Odis Denton was shot in the leg and survived. Dinwiddie was shot in the 
face and died in a hospital 2 days later.

Officers were searching for drugs, but none were found.

Guy claimed in past interviews he fired in self-defense because he feared for 
his life after hearing a window break. He pleaded not guilty to murder and 
attempted murder charges on June 4, 2014.

Garza previously said he will pursue the death penalty.

A civil rights complaint Guy filed May 9 with the federal court in Waco was 
dismissed by U.S. District Judge Robert Pitman Feb. 14 for "failure to timely 
serve," according to court documents. Guy sought dismissal of the capital 
murder charges and a hearing in which to seek restitution for damages.

The city of Killeen, its police department, former police chief Dennis Baldwin 
and several officers were listed as defendants in the case.

(source: Killeen Daily Herald)