TEXAS EXECUTIONS

TEXAS – UPCOMING EXECUTION JULY 16 – Clifton Williams at 6 p.m EXECUTION HALTED !


JULY 16. 2015

The Texas Court of Appeals has halted the execution of a death row inmate just hours before he was set to be killed.

WASHINGTON (Sputnik) — The Texas Court of Appeals has halted the execution of death row inmate Clifton Lamar Williams on Thursday just hours before he was set to be killed.

“This is a subsequent application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5 and a motion for a stay of execution,” the Court of Criminal Appeals of Texas order read on Thursday.

The Court of Appeals said that it approved William’s appeal application, which is now returned to a trial court for a review on its merits before a final decision is determined.

In a brief order, the court agreed to return the case to the trial court in Tyler to review an appeal from Williams’ attorneys. They want to examine whether incorrect FBI statistics regarding DNA probabilities in population estimates cited by witnesses could have affected the outcome of Williams’ trial.

“We need time to look at this,” said Seth Kretzer, one of Williams’ lawyers. “No way we can investigate this in five hours.

“It requires some time, and the CCA saw that.”

 

July 10, 2015

East Texan Clifton Williams heads to the gurney next Thursday, July 16, after nine years spent on death row for the murder of Cecelia Schneider.

Williams, 31, was 21 years old at the time of Schneider’s murder, July 9, 2005. Court records show that he broke into the 93-year-old’s Tyler home, stabbed, strangled, and beat her, then laid her body on her bed and set her bed on fire. He left Schneider’s house with her car and her purse, which contained $40. He argued at trial that his friend, Jamarist Paxton, forced him to break into the house with him, and coerced him into cutting his hand so as to leave his DNA on-scene. But police weren’t able to find any evidence that would substantiate Williams’ claims about accomplices, and Paxton denied involvement. In Oct. 2006, Williams was found guilty of capital murder (in addition to a number of other offenses) and sentenced to death.

Williams’ attorneys have argued in state and federal petitions for relief (as well as a petition for a Certificate of Appealability) that Williams suffers from a wide range of mental illnesses, including paranoid schizophrenia, with which he was diagnosed when he was 20. They have tried to argue that his mother suffered from mental illness, and that Williams had trouble functioning from an early age. They also claim Williams was the victim of incompetent counsel, as attorneys at trial failed both to establish Williams as the victim of mental illness and to mitigate his standing as a future danger to society. Most notably, his petitions for relief note, trial counsel erred by stating their intent to establish mental illness before Williams received a court-ordered psych exam, giving prosecutors the ability to refute counsel’s claims without any established medical standing.

Last September, attorneys Seth Kretzer and James Volberding presented Williams’ case to the U.S. Supreme Court in hopes that the Justices would hear Williams’ mental illness claims. Specifically, records note, they wanted to prove that one ruling – ex parte Briseño, which lays out three basic conditions to determine competence – blocks Williams from arguing mental retardation on the basis ofAtkins v. Virginia (which placed a categorical ban on executing the mentally ill, and was previously rejected by the Texas Court of Criminal Appeals). The Supreme Court denied that petition in early April, however, without comment or explanation. Williams’ attorneys do not plan to file any last-minute appeals.

Williams will be the 10th Texan executed this year, and 528th since the state reinstated the death penalty in 1976. However, his execution coincides with emerging reports that indicate the number of Texans being sent to death row has now significantly decreased. In fact, jurors around the state have yet to sentence anyone to death in 2015. The last person to receive such a sentence was former Kauf­man County attorney Eric Williams (no relation), who shot and killed Chief Assistant District AttorneyMark Hasse on Jan. 31, 2013, before killing County D.A. Michael McLelland and his wife Cynthia two months later. He was sentenced to death last Dec­em­ber. It’s the first time in more than 20 years that the state has made it to July without issuing a new death sentence.

Execution Watch with Ray Hill
can be heard on KPFT 90.1 FM,
in Galveston at 89.5 and Livingston at 90.3,
as well as on the net here
from 6:00 PM CT to 7:00 PM CT
on any day Texas executes a prisoner.

UPCOMING EXECUTIONS 2015, UPDATE


UPDATE JULY 10, 205


Month State Inmate
July
14 MO David Zink EXECUTED 7.41 PM
15 OH Alva Cambell, Jr. – STAYED*
15 OH Warren K. Henness – STAYED
16 TX Clifton Williams  STAYED
August
12 TX Daniel Lopez  executed
18 TN David Miller – STAYED
26 TX Bernardo Tercero
September
2 TX Joe Garza
16 OK Richard Glossip
17 OH Angelo Fears – STAYED*
17 OH William Montgomery – STAYED^
October
6 TN Abu-Ali Abdur’Rahman – STAYED
6 TX Juan Garcia
7 OK Benjamin Cole
11 TX Gilmar Guevara
14 TX Licho Escamilla
28 OK John Grant
28 TX Christopher Wilkins
November
17 OH Cleveland R. Jackson – STAYED*
17 OH Robert Van Hook – STAYED^
17 TN Nicholas Sutton – STAYED

UPCOMING EXECUTION – TEXAS, Gregory Russeau, June 18, 2015 6 pm EXECUTED 6.49 PM


June 18, 2015

 

Gregory RusseauGregory Russeau ( Texas Department of Criminal Justice via AP file)

Asked by a warden if he had a final statement, Russeau thanked his family and friends for what they had done for him and thanked three friends who were witnesses “for being here with me so I do not have to transition alone.”

“I’m at peace, I’m good,” he said. “I’m ready to go home.”

He began snoring as the lethal dose of pentobarbital began and all movement stopped within about a minute.

He was pronounced dead at 6:49 p.m. CDT, 21 minutes later.

 

Russeau will be the ninth Texan executed this year

On Thursday, June 18, the state of Texas plans to execute Gregory Russeau, a 45-year-old Tyler man, convicted in Oct. 2002 of killing 75-year-old James Syvertson in his auto shop’s garage on May 30, 2001.

Russeau was found guilty of capital murder after jurors deliberated for less than an hour. He argued, after his conviction, that he was found guilty because his attorney Clifton Roberson fumbled his handling of witnesses and failed to argue that law enforcement planted evidence (two hairs belonging to Russeau found on a bottle) at the crime scene. Those concerns were raised in subsequent petitions for writ of habeas corpus filed by Jeffrey Haas.

Haas, it should be said, had his own issues. As a petition for relief filed in 2012 by Carlo D’Angelo notes: “Both the 2004 and 2009 petitions for habeas corpus that Mr. Haas filed in the state district court contained no claims that were based upon any evidence or the result of any investigation that occurred outside of the Clerk’s Record and trial transcript in either of the Petitioner’s cases, thus indicating that Mr. Haas did virtually nothing to investigate the facts pertaining to the actions of trial and appellate counsel, potential mitigation, and potential prosecutorial misconduct and withholding of evidence.”

The trial court held an evidentiary hearing on Dec. 2, 2004, during which Roberson and his co-counsel Brandon Baade testified to the competence of their representation of Russeau. Six months later, in June 2005, the Texas Court of Criminal Appeals issued an opinion that upheld Russeau’s conviction but remanded the case back to trial for a new sentencing. There, he was represented – once again – by Roberson and Baade, the two attorneys who failed to properly represent him in the first place, and whom Russeau specifically asked the court to not appoint for the second hearing (on the grounds that Roberson and Baade had waived the attorney-client privilege when they testified at the hearing.)

Russeau’s second punishment-determination hearing was held in 2007 and resulted in the same findings and sentence as his first. (Unsurprisingly, his argument hinged on the claim that Roberson and Baade did a bad job representing their client.) He was denied a 2009 petition for relief, filed by Haas, in 2010, at which point D’Angelo assumed Russeau’s counsel. A Feb. 2012 federal petition was denied, as was an appeal to the U.S. Court of Appeals in March 2014. Appeals for relief from the U.S. Supreme Court were denied in October.

Russeau will be the ninth Texan executed this year, and the 527th since the state reinstated the death penalty in 1976.

Death row inmate maintains innocence to the last

Upcoming Executions 2015



Month State Inmate
June
5 PA Hubert Michael – STAYED
9 MO Richard Strong – EXECUTED
18 AL Robin Myers – STAYED
18 TX Gregory Russeau EXECUTED 6.49 PM
23 TN Charles Wright – STAYED
July
14 MO David Zink
15 OH Alva Cambell, Jr. – STAYED*
15 OH Warren K. Henness – STAYED
August
12 TX Daniel Lopez
18 TN David Miller – STAYED
26 TX Bernardo Tercero
September
17 OH Angelo Fears – STAYED*
17 OH William Montgomery – STAYED
October
6 TN Abu-Ali Abdur’Rahman – STAYED
6 TX Juan Garcia
November
17 OH Cleveland R. Jackson – STAYED*
17 OH Robert Van Hook – STAYED^
17 TN Nicholas Sutton – STAYED

 

US – UPCOMING EXECUTIONS MAY 2014


Dates are subject to change due to stays and appeals

April 23

May
13 TEXAS Robert Campbell
21 TEXAS Robert Pruett
21 MISSOURI Russell Bucklew
28 OHIO Arthur Tyler
29 TEXAS Edgardo Cubas (Foreign National) – STAYED

TEXAS – Execution Jose Villegas – April 16, 6 pm- EXECUTED 7.04 PM


“I would like to remind my children once again I love them,” Villegas said when asked if he had a statement before being put to death. “Everything is OK. I love you all, and I love my children. I am at peace.”

High court refuses to stop execution in Texas

HUNTSVILLE, Texas (AP) — The U.S. Supreme Court has refused to halt the scheduled execution of a man convicted of killing three members of a Corpus Christi family.

The high court, on a 5-4 vote, rejected arguments from attorneys for Jose Villegas who said the 39-year-old is mentally impaired and ineligible for the death penalty.

The ruling came Wednesday about 30 minutes after a six-hour window opened for Villegas’ lethal injection for the fatal stabbings 13 years ago of his ex-girlfriend, her 3-year-old son and her mother.

Villegas’ lawyers contended testing in February showed he had an IQ of 59, below the IQ of 70 that courts have embraced as a threshold for mental impairment. State attorneys disputed the test result and called it a late attempt to delay the punishment.

 

As usual, Execution Watch will air, starting at 6pm and have an taped interview with Jose,

Execution Watch with Ray Hill
can be heard on KPFT 90.1 FM,
in Galveston at 89.5 and Livingston at 90.3,
as well as on the net here
from 6:00 PM CT to 7:00 PM CT
on any day Texas executes a prisoner.

April 16 update

Execution Watch with Ray Hill
can be heard on KPFT 90.1 FM,
in Galveston at 89.5 and Livingston at 90.3,
as well as on the net here
from 6:00 PM CT to 7:00 PM CT
on any day Texas executes a prisoner.

April 15, 2014

HUNTSVILLE, Texas (AP) — Jose Villegas was out on bond for a sexual assault charge and was supposed to go on trial in Corpus Christi for punching a woman in the face on the same day 13 years ago that he stabbed ex-girlfriend, her son and her mother to death.

The former cook, dishwasher and laborer was arrested after a police chase and charged with capital murder for the deaths of his ex-girlfriend, Erida Salazar, her 3-year-old son, Jacob, and her mother, Alma Perez, 51.

Villegas, 38, was set for lethal injection Wednesday for the slayings. He would be the seventh Texas inmate executed this year and the fifth in as many weeks in the nation’s most active death penalty state.

His attorneys argue that the punishment should be put off so they have additional time to investigate evidence they’ve recently found that Villegas is mentally impaired and ineligible for execution. The Texas Court of Criminal Appeals refused Monday to halt the punishment and lawyers for Villegas said they would take their appeal to the U.S. Supreme Court.

Salazar’s father, returning home Jan. 22, 2001, from jury duty, found the bloody body of his wife and had a neighbor call police. He then went back inside to find his daughter, 23, and grandson also dead. Court documents show Salazar was stabbed 32 times, her son 19 times and mother 35 times. A television and car also were taken from the home.

Police spotted Salazar’s car with Villegas behind the wheel and he led them on a chase that ended when he bailed out on foot. When he was caught, officers found three bags of cocaine inside his baseball cap.

Testimony at his 2002 capital murder trial showed Villegas told police he pawned the stolen television for $75, used the money immediately to buy cocaine and hoped to commit suicide by overdosing.

“We had a confession, DNA, witnesses who saw him leaving the house afterward,” Mark Skurka, the Nueces County district attorney who prosecuted the case, said. “He killed the mom first, then his girlfriend, then the baby.”

Jurors deliberated less than 20 minutes before convicting him.

Villegas had multiple previous arrests, including burglary, making terroristic threats to kill a woman, assaults and two counts of indecency with a child for exposing himself and fondling the daughter of the woman he was accused of punching in the face. Records showed he had spent at least 200 days in jail and four years on probation.

Defense attorneys at his trial acknowledged Villegas committed the slayings but said they were not intentional and he was mentally ill. A defense psychiatrist blamed his behavior on uncontrollable rages caused by “intermittent explosive disorder.”

“Punishment was the only issue,” Grant Jones, one of Villegas’ trial lawyers, recalled this week. “I’ve been trying criminal cases over 40 years and I’d say in about 80 percent of the cases, mental health is a factor to one degree or another.”

Relatives said Salazar’s mother had urged her to leave Villegas when she learned of the sex charges against him.

Villegas would be the third Texas inmate executed with a new stock of pentobarbital from a provider corrections officials have refused to identify, citing the possibility of threats of violence against the supplier. The Supreme Court has upheld that stance.

Texas and other death penalty states have been scrambling for substitute drugs or new sources for drugs for lethal injections after major drugmakers — many based in Europe where death penalty opposition is strong — stopped selling to state corrections agencies.

USA Violates International Law; Executes Mexican Citizen – Ramiro Hernandez


April 12, 2014

The United States has once again violated international law, with its execution of Mexican citizen Ramiro Hernandez, who was denied the consular attention included in a Vienna convention, the United Nations charged today.

“Mr. Hernandez did not have consular access, established in Article 36 of the Vienna Convention for Consular Affairs,” OHCHR spokesperson Rupert Colville told the press.

Colville recalled that in 2004 at the U.N. headquarters in Geneva, the International Criminal Court (ICC) issued a resolution noting that the United States should review and reconsider the cases of 51 Mexicans sentenced to death, including the case of Hernandez, since they had not received the required assistance.

Under international law, the violation of the right to consular notification affects due process, so, we are witnessing a new case of arbitrary deprivation of life by a signing country, since 1992, of the International Convention on Civil and Political Rights”, Colville highlighted.

The spokesperson said Wednesday’s execution, which took place in Texas was regrettable.

This is the 16th time the United States has applied the death penalty this year; the 6th in Texas. The U.N. opposes this punishment under any circumstance, but even more so in the recent case due to the aforementioned violations, Colville stressed.

 

(source: plenglish.com)

TEXAS – EXECUTION – RAMIRO HERNANDEZ LLANAS EXECUTED 6:28 PM


april 9, 2014

HUNTSVILLE, Texas (AP) — A man who escaped prison in his native Mexico while serving a murder sentence was executed in Texas on Wednesday for fatally beating a former Baylor University history professor and attacking his wife more than 16 years ago.

Ramiro Hernandez-Llanas, 44, was lethally injected in the state’s death chamber in Huntsville.

He was in the U.S. illegally when he was arrested for the October 1997 slaying of 49-year-old Glen Lich. Just 10 days earlier, Lich had given Hernandez-Llanas a job helping with renovations at his ranch near Kerrville, about 65 miles northwest of San Antonio, in exchange for living quarters.

Investigators said Hernandez-Llanas lured Lich from his house, then repeatedly clubbed him with a piece of steel rebar. Armed with a knife, he then attacked Lich’s wife. She survived and testified against Hernandez-Llanas, who also had been linked to a rape and a stabbing.

Strapped to a hospital gurney inside the death chamber, Hernandez-Llanas asked for forgiveness and said he was at peace.

“I’m looking at the angel of God,” he said, speaking in Spanish during a final statement that lasted nearly five minutes. “I ask forgiveness from the family of my boss.”

He raised his head from the gurney three times and blew three loud kisses toward a brother, a sister and two friends watching through a window. He also urged his children to “take advantage of your time on earth.”

As the drug took effect, he snored loudly twice, then appeared to go to sleep. Within seconds, all movement stopped. He was pronounced dead at 6:28 p.m.

Hernandez-Llanas was the second Texas inmate to receive a lethal injection of a new supply of pentobarbital. Texas Department of Criminal Justice officials have refused to identify the source of the powerful sedative, contending secrecy is needed to protect the drug’s provider from threats of violence from capital punishment opponents. The U.S. Supreme Court backed the state’s position in a related case last week.

Texas and other states that have the death penalty have been scrambling for substitute drugs or new sources for drugs for lethal injections after major drugmakers — many based in Europe with longtime opposition to the death penalty — stopped selling to prisons and corrections departments.

Hernandez-Llanas’ appeals were exhausted, and the Texas parole board on Tuesday refused to delay his death sentence or commute it to life in prison.

Hernandez-Llanas was among more than four dozen Mexican citizens awaiting execution in the U.S. when the International Court of Justice in The Hague, Netherlands, ruled in 2004 that they weren’t properly advised of their consular rights when arrested. A measure mandated by the U.S. Supreme Court to enforce that ruling has languished in Congress.

Euclides del Moral, a Mexico Foreign Ministry deputy director general, said Tuesday there were “certain gray aspects” in the consulate notification in Hernandez-Llanas’ case. “The execution of a Mexican national is of great concern,” he said.

However, the issue never surfaced in Hernandez-Llanas’ appeals, which focused primarily on claims that his mental impairment made him ineligible for the death penalty. Testimony from psychiatrists who said he was not mentally impaired and would remain a danger was faulty, his attorneys argued.

He wouldn’t be facing execution “but for the testimony of two experts, neither of whose testimony can withstand a moment’s scrutiny, and neither of whom should have been permitted to testify at all,” lawyers Sheri Johnson and Naomi Torr said.

According to trial testimony, Hernandez-Llanas was arrested just hours after the attacking Lich and his wife. He was sleeping in the bed where he had wrapped his arm around the terrorized woman, who managed to wriggle from his grasp and restraints without waking him and call police.

Evidence showed Hernandez-Llanas was in Texas after escaping from a Mexican prison, where he was serving a 25-year sentence for a 1989 bludgeoning murder in Nuevo Laredo. He was linked to the rape of a 15-year-old girl and a stabbing in Kerrville. While awaiting trial, evidence showed he slashed another inmate’s face with a razor blade. In prison, he was found with homemade weapons.

“This is exactly why we have the death penalty,” Lucy Wilke, an assistant Kerr County district attorney who helped prosecute Hernandez-Llanas, said ahead of the execution. “Nobody, even prison guards, is safe from him.”

Hernandez-Llanas was the sixth prisoner executed this year in Texas, the nation’s busiest death penalty state.

Texas executes Tommy Lynn Sells


april 4, 2014

HUNTSVILLE, Texas (AP) — A serial killer has been put to death in Texas after the U.S. Supreme Court rejected his lawyers’ demand that the state release information about where it gets its lethal injection drug.
Tommy Lynn Sells was executed Thursday evening. He became the first inmate injected with a dose of newly replenished pentobarbital that Texas prison officials obtained to replace an expired supply of the sedative.

Texas Department of Criminal Justice officials pronounced him dead at 6:27 p.m., about 13 minutes after he was injected with a fatal dose of pentobarbital.

As he waited word on his U.S. Supreme Court appeal Thursday, Sells was kept in a small holding cell just outside the execution chamber in Huntsville, said Jason Clark, spokesman for the Texas Department of Criminal Justice. Sells was quiet, reserved and accompanied by a chaplain. He had access to a phone, Clark said.

His attorneys had hoped the courts would force prison officials to reveal more information about the pharmacy that supplied the drug. They argued the new pentobarbital could lead to unconstitutional pain.

Lawyers for Sells argued, in part, that, “the increasing scarcity of execution drugs — and consequent concerns about the quality and states’ desperate efforts to keep the source of drugs secret — have become the central feature of botched executions and Eighth Amendment concerns.”

The state prison agency wants the information kept secret to protect the pharmacy from threats of violence.
A Val Verde County jury sent Sells, 49, to death row in 2000 for the December 1999 stabbing death of 13-year-old Kaylene Harris in her family’s trailer home near Del Rio. He confessed after a friend who was sleeping over that night survived having her own throat slit and helped identify him to authorities.

He later pleaded guilty in Bexar County to strangling 9-year-old Mary Beatrice Perez, who was abducted from a Fiesta event at Market Square in 1999. District Attorney Susan Reed agreed to drop her bid for a second death sentence, instead settling on life in prison, in exchange for the plea.

Court records show Sells claimed to have committed as many as 70 killings in states including Alabama, California, Arizona, Kentucky and Arkansas.

The families of both slain children were on a list to witness the execution. Kaylene’s witnesses included her father, brother and two grandmothers. Also present were the mother and grandmother of Mary.

Sells’ execution is the fifth lethal injection this year in Texas, the nation’s busiest state for the death penalty.

Source: AP, April 3, 2014

US- UPCOMING EXECUTIONS APRIL 2014



Month State Inmate
April
3 TX Tommy Sells – executed
9 TX Ramiro Hernandez (Foreign National) – EXECUTED
16 TX Jose Jr Villegas EXECUTED
16 PA Stephen Edmiston – STAYED
22 TN Nikolaus Johnson STAYED
22 OK Clayton Lockett Updatestay was lifted and rescheduled for April 29.
23 FL Robert Hendrix EXECUTED
23 MO William Rousan EXECUTED
29 OK Charles Warner Update – stay was lifted