Texas Gov. Rick Perry asked to halt execution

[doggie]

I thought one of hte ten commandments are thou shall not kill?

MICHAEL GRACZYK and WILL WEISSERT

Published: Sep 14, 2011 8:17 PM

HUNTSVILLE, Texas (AP) - Lawyers for a black man set for execution Thursday are calling on Texas Gov. Rick Perry to halt the punishment because an expert witness told jurors that black criminals were more likely to pose a future danger to the public if they are released.

Perry, the frontrunner for the Republican presidential nomination, is an ardent supporter of capital punishment. During his 11 years in office, 235 convicted killers have been put to death in Texas and his office says he has chosen to halt just four executions, including one for a woman who was later put to death.

But Duane Buck's case is one of six convictions that former Texas Attorney General John Cornyn - a political ally of Perry who is now a Republican U.S. senator - reviewed in 2000 and said needed to be reopened because of the racially charged statements made during the sentencing phase of the trial.

Prosecutors repeated the sentencing hearings in the five other cases - with all five again being sentenced to death - but Buck's case was never reopened.

If courts continue to reject Buck's appeals, only Perry could delay the lethal injection by invoking his authority to issue a one-time 30-day reprieve for further review. Perry's actions are being closely watched, particularly by death penalty opponents, after he said during a presidential debate that he has never been troubled by any of the executions he's overseen as governor.

Buck, 48, was convicted of gunning down ex-girlfriend Debra Gardner, 32, and Kenneth Butler, 33, outside Houston in July, 30, 1995, a week after Buck and Gardner broke up. Buck's guilt is not being questioned, but his lawyers say the jury was unfairly influenced and that he should receive a new sentencing hearing.

A third person, Buck's stepsister, Phyllis Taylor, also was wounded, though she has since forgiven Buck and sought for his death sentence to be commuted to life in prison.

Gardner's 14-year-old daughter and 11-year-old son were among those who witnessed the shootings. Officers testified that Buck was laughing during and after his arrest, saying that Gardner deserved what she got.

The Texas Board of Pardons and Paroles, all of whom are Perry appointees, denied Buck's clemency request Wednesday, and the 5th U.S. Circuit Court of Appeals subsequently rejected his appeal.

Buck's lawyers contend the case was "tainted by considerations of race" after a psychologist at his trial, Walter Quijano, testified in response to a question from lead prosecutor Joan Huffman that black criminals are more likely to be violent again in the future. Whether or not someone could be a continuing threat to society is one of three questions Texas jurors must consider when deciding on a death sentence.

Cornyn, who was then the attorney general, said in a news release in 2000 that a half-dozen capital case sentences, including Buck's, needed review because of Quijano's testimony at their trials.

A spokesman for Cornyn declined to comment.

Lucy Nashed, a spokeswoman for Perry, said that because the governor will be out of state, Lt. Gov. David Dewhurst will preside over the execution. She declined to comment further about Buck's case.

That means any final order to delay it would technically come from Dewhurst - though Dewhurst spokesman Mike Walz said the lieutenant governor does not comment on pending executions. However, Perry's office frequently points out that Perry remains the governor and in contact with Austin while traveling.

Prosecutors contend Buck's case was different from the others and that Quijano's racial reference was a small part of a larger testimony about the prison population.

Huffman, now a state senator and one of Perry's closest allies in the Legislature, defended asking Quijano the racially charged question, saying, "I have absolutely no concern whatsoever." She noted that Quijano was a defense witness, her question came in reference to a report he prepared for the defense and the issue was raised just once.

However, Huffman's assistant prosecutor in the case, Linda Geffin, has joined the call for a new sentencing hearing, saying Wednesday that "race should never be put in front of a jury in any case, particularly a death penalty case."

The execution would be the second this week and the 11th this year in Texas. Two more Texas prisoners are set to die next week.

___

Weissert reported from Austin.

[galaxygirl]

I thought one of hte ten commandments are thou shall not kill?

I believe the current version is 'thou shall not kill anything that is inside a woman, anything else is fair game'. I'm fascinated by how pro-death penalty the extreme anti-choicers are.

[Guest Anonymous]

I believe the current version is 'thou shall not kill anything that is inside a woman, anything else is fair game'. I'm fascinated by how pro-death penalty the extreme anti-choicers are.

Hell, loads of them essentially support the death penalty for people who can't afford health insurance. It's disgusting.

[gustava]

Obviously, if you need execution, you're not a Christian anyway so who cares if you're dead. You're going to hell anyway.

[dianapavelovna]

But Perry has made Texas "the most pro-life state in the nation," dontcha know?

[Rachel333]

I have family in Texas who are super conservative (very pro-life, anti-gay, actually traveled to see Glenn Beck speak in person) but also very anti-death penalty. I'm curious about how they feel about Perry.

I was disgusted when people cheered at the fact that under Perry Texas has executed more people than any other state, and then when my conservative friends were laughing about it on facebook.

I think there actually are a lot of anti-death penalty conservatives, and I saw a study that found that people who go to church are actually slightly less likely to be in favor of the death penalty, but the pro-death penalty people are very loud about it.

[Guest Anonymous]

I have family in Texas who are super conservative (very pro-life, anti-gay, actually traveled to see Glenn Beck speak in person) but also very anti-death penalty. I'm curious about how they feel about Perry.

I was disgusted when people cheered at the fact that under Perry Texas has executed more people than any other state, and then when my conservative friends were laughing about it on facebook.

I think there actually are a lot of anti-death penalty conservatives, and I saw a study that found that people who go to church are actually slightly less likely to be in favor of the death penalty, but the pro-death penalty people are very loud about it.

I had a pastor who preached an entire sermon on why the death penalty was good. This was the same asshole who told my mother "Lissar's been running her mouth again" when I dared to ask questions. He got what he wanted, I was punished for it. I do not miss attending that church, and I do not miss my mother.

[Austin]

I was disgusted when people cheered at the fact that under Perry Texas has executed more people than any other state, and then when my conservative friends were laughing about it on facebook.

I can't actually decide what was more disgusting: the cheering at the number of executions in TX or the "Let him die!" cries that came from the audience when Blitzer asked the question about what should be done in a scenario where a healthy 30-year-old, not required to buy health insurance and so cancels it, and then becomes critically ill.

Nice, Tea Partiers.

Keep keepin' it klassy. :shock:

[Rachel333]

I had a pastor who preached an entire sermon on why the death penalty was good. This was the same asshole who told my mother "Lissar's been running her mouth again" when I dared to ask questions. He got what he wanted, I was punished for it. I do not miss attending that church, and I do not miss my mother.

What a jerk. I don't see why you would actually preach a pro-death penalty sermon even if you supported it.

Here is the study I mentioned: http://www.deathpenaltyinfo.org/gallup- ... th-penalty

It's pretty interesting; it shows that Protestants are more likely than Catholics who are more likely than non-religious people to support the death penalty, but that for both Protestants and Catholics people who attend church regularly are less likely to support the death penalty than those who attend infrequently.

[emmiedahl]

The Catholic Church is against the death penalty, which would explain why Catholics are less likely to support it if they go to church.

I am against it, although I feel for the victims in this case. I'm sure they would feel better about life if this person was no longer on the planet. I'm sure it would cost the state a ton to keep him prison for the rest of his life. But none of those, for me anyway, negate the fact that he is a human being and should not be killed when he poses no threat to anyone at this time.

[Austin]

The Catholic Church is against the death penalty, which would explain why Catholics are less likely to support it if they go to church.

I am against it, although I feel for the victims in this case. I'm sure they would feel better about life if this person was no longer on the planet. I'm sure it would cost the state a ton to keep him prison for the rest of his life. But none of those, for me anyway, negate the fact that he is a human being and should not be killed when he poses no threat to anyone at this time.

Executions end up costing taxpayers more than life without parole.

http://www.msnbc.msn.com/id/29552692/ns ... tion-cost/

[emmiedahl]

My understanding is that the additional cost is due to endless appeals, not to the cost of execution vs. life in prison.

Although, just one more reason not to execute people.

[starfish]

I didn't get to see the debate, but my mom watched and told me about this question. She said it was directed to Ron Paul, who stammered around and finally said something to the effect of " the church needs to take care of him".

What a cop out. That might have worked in the old days when the doctor bill was $10 and a basket of eggs and the guy died anyway, but I don't see that as practical in this day and age.

[Austin]

My understanding is that the additional cost is due to endless appeals, not to the cost of execution vs. life in prison.

Although, just one more reason not to execute people.

Yes, that's a big part of it. I hear people (not you) say that "we" should execute them quickly, within one year or five years or whatever. Yeah, that sounds like a grand idea considering how many innocent people we've already executed who were afforded the full appeals process.

One of my sons is upset about an execution that is planned for next week. I haven't looked into the case because I get very upset about this whole subject. But my son and a whole lot of other people seem to really believe this guy is innocent. I understand he was convicted soley on eyewitness testimony, which has been proven repeatedly to be the some of the most unreliable evidence around.

There is no reason to execute people. It changes nothing, there is a lot of evidence that it has absolutely NO deterrent effect, and it just flat out wrong by any civilized measure. Other first world countries have violent criminals who commit heinous acts and they seem to manage without murdering them.

[Buzzard]

http://www.alan.com/2011/09/15/texas-su ... execution/

There is a stay of execution. In general, the argument of "future danger" is not permitted in a penalty phase. The racial element is an even bigger no no. It seems that all the other people sentenced to death after this expert testified were granted new hearings. Depending on the other factors that led to the death eligibility its possible that this case will have the same result. I'd need to read the caselaw so I'll wait for the supreme court to issue their opinion before going back and reading the others.

[bananacat]

I think it's really important to point out that in very many cases, the executed people were later found to be innocent. Texas is notorious for killing people that haven't even committed a crime. I think at least 40 of the 200-some executions were done wrongfully.

[Lainey]

I think it's barbaric. I'm SO glad I live in a country where we no longer have the death penalty. Regarding that case I posted about on the Chatter forum, about the little boy who was kidnapped--there was a woman protesting outside of the courtroom when the alleged kidnapper had a hearing the other day, who said not only should he be executed, but he should be executed without trial. Yeah, 'cause that sets a good precedent. Stupid bitch. :evil:

[Lillybee]

There was the case of the man who was executed in Texas for setting a fire that killed his children. His guild was determined by a report by a fire marshall. This report was disproven. Perry had new and correct fire reports on his desk and still signed the execution orders. Perry has the blood of this man and more than likely others on his hands.

[xReems]

Coming from a forensic background, Perry annoys the shit out of me. Before he decides to gloat about how many people were executed while he was governor, he should realize that eyewitness testimony is the WORST thing to use to prove someone's "guilt." The best evidence is physical evidence--DNA, Trace, Ballistics, etc. To say, so and so did it, because of 3 people is unreliable. Show evidence!

[Kitty]

There was the case of the man who was executed in Texas for setting a fire that killed his children. His guild was determined by a report by a fire marshall. This report was disproven. Perry had new and correct fire reports on his desk and still signed the execution orders. Perry has the blood of this man and more than likely others on his hands.

Perry is precisely what is wrong with this country. Or rather, people like him.

Americans always want someone to blame and punish, often very harshly. I'm all for life in prison for rape. Notice how much press executions get in other states. Those make the national news. But Texas kills so many that only Texans seem to hear about it. Even if someone is found innocent, the majority of people will think the justice system failed somehow, and the defendant should die anyway. People do not realize how fucked up this justice system is, nor in what ways.

Americans have this insane bloodlust, and take it out on people thought to be criminals. I'm not giving Perry the benefit of the doubt, but I wouldn't be all that surprised if he was forced to sign the execution orders anyway, to not piss "the people" off. It's more likely that he gave into the American bloodlust. How much Americans obsess over violence and death amazes me, and I am American. IMHO there is something very, very wrong with a society that kills criminals based on fault information, and does not try to fix that. I do not want Rick Perry as President, not because he's doing a horrible job of the pro-life thing but because he will encourage this kind of culture, which has got to end very quickly.

[slickcat79]

Yes, that's a big part of it. I hear people (not you) say that "we" should execute them quickly, within one year or five years or whatever. Yeah, that sounds like a grand idea considering how many innocent people we've already executed who were afforded the full appeals process.

General question...are there different regulations for appeals based on the sentence given? Like, if you're sentenced to the death penalty, are you allowed more appeals than if you're sentenced to life in prison? Or are prisoners facing incarceration just less likely to appeal than those facing death row?

[Austin]

General question...are there different regulations for appeals based on the sentence given? Like, if you're sentenced to the death penalty, are you allowed more appeals than if you're sentenced to life in prison? Or are prisoners facing incarceration just less likely to appeal than those facing death row?

I'm not totally sure, but in this is one thing I found on the subject:

http://www.aclunc.org/issues/criminal_j ... ison.shtml

Unlike death penalty cases, however, LWOP [life without parole] sentences receive no special consideration on appeal, which limits the possibility they will be reduced or reversed. A person sentenced to die in prison receives only one automatic appeal, not several, and is not provided any court-appointed attorneys after this appeal is complete, usually within two years of the initial sentence.

If I'm not mistaken, appeals of death sentences are mandatory and automatic, unlike LWOP sentences.