TEXAS EXECUTIONS

Texas executes Anthony Doyle


march 27, 2014

Last Statement:

This offender declined to make a last statement.

Texas executes Anthony Doyle

(Reuters) – Texas executed a convicted murderer on Thursday for beating a delivery woman to death with baseball bat, and stuffing her body in a dumpster, a Department of Criminal Justice spokesman said.

The 37-year-old was beaten with a baseball bat, then robbed of her car, cellphone and credit cards.

Evidence showed Doyle ordered the doughnuts and breakfast tacos that Cho delivered. He shared the food with friends after stuffing Cho’s body in a neighbor’s trash can in an alley behind the home in Rowlett, east of Dallas.

Doyle shook his head and said nothing inside the death chamber in Huntsville when a warden asked if he had a statement to make. The prisoner’s eyes closed as the sedative pentobarbital was injected. He took a few breaths, then began to snore quietly. Soon, he stopped moving.

No one from Cho’s family attended the execution, but two witnesses picked by Doyle — a friend and a spiritual adviser — watched as he was put to death.

Anthony Doyle, 29, was pronounced dead at 6:49 p.m. CDT (2349 GMT) at the state’s death chamber in Huntsville after receiving a lethal injection.

Doyle became the fourth Texas inmate executed this year and the last before the state — the nation’s most active when it comes to capital punishment — begins using a new batch of pentobarbital obtained through a different pharmacy.

Prison officials have refused to reveal the source of the replenished stockpile, arguing the information must be kept secret to protect the supplier’s safety. But a judge Thursday ordered them to disclose the supplier to attorneys for two inmates set to be executed next month. The attorneys filed a lawsuit Wednesday seeking an emergency order requiring state authorities to identify the drug provider and results of tests of its potency and purity.

The prison agency plans to appeal the judge’s order.

About two hours before Doyle was put to death, the U.S. Supreme Court rejected a last-day appeal to block his execution. Doyle’s attorney had called for his execution to be delayed, but not over the drug issue. The lawyer said Doyle deserved a new punishment hearing because jurors at his 2004 capital murder trial were given unknowingly false evidence about Doyle’s inability to be rehabilitated while he was confined at a juvenile detention facility for his delinquent behavior years before Cho’s slaying.

(Sources: Reuters, AP

Us – EXECUTIONS 2014 (UPDATE)


Last updated on March 20, 2014
(Dates are subject to change due to stays and appeals.)

 

 

Month

State

Inmate

March

 

 

19

OH

Gregory Lott – Stayed

20

FL

Robert Henry EXECUTED

20

OK

Clayton Lockett – EXECUTED (APRIL 29)

26

MO

Jeffrey Ferguson EXECUTED

26

MS

Charles Crawford Stayed as execution date had not been affirmed by state court.

27

OK

Charles Warner – Update – stay was lifted and rescheduled for April 29.

27

TX

Anthony Doyle EXECUTED

27

MS

Michelle Byrom STAYED

April

 

 

3

TX

Tommy Sells EXECUTED

9

TX

Ramiro Hernandez (Foreign National) EXECUTED

16

TX

Jose Villegas EXECUTED

16

PA

Stephen Edmiston – STAYED

22

TN

Nikolus Johnson STAYED

23

FL

Robert Hendrix EXECUTED

May

 

 

13

TX

Robert Campbell

21

TX

Robert Pruett

28

OH

Arthur Tyler

29

TX

Edgardo Cubas (Foreign National) – STAYED

August

 

 

6

OH

William Montgomery

October

 

 

7

TN

Billy Irick

15

OH

Raymond Tibbetts

November

 

 

26

IN

William Gibson – STAY LIKELY

December

 

 

9

TN

Ed Zagorski

TEXAS – EXECUTION RAY JASPER – March 19, 2014 at 6 PM CDT EXECUTED 6.31 PM


Officials announced Jasper dead at 6:31 Wednesday, after a lethal dose of pentobarbital was injected into his system.

exExecution 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

No one from Jasper’s family was in Huntsville Wednesday to witness the execution. No one from the Alejandro family, who are against the death penalty, attended either. They instead opted to spend the evening together in San Antonio.

March 19, 2014

CORRECTS DATE TO MARCH 19 - This undated photo provided by the Texas Department of Criminal Justice shows Ray Jasper III. Jasper, convicted in the 1998 murder of David Alejandro, is set for lethal injection Wednesday evening, March 19, 2014. (AP Photo/Texas Department of Criminal Justice)  uncredited

HUNTSVILLE — San Antonio rap musician Ray Jasper has never disputed his involvement in an attack and robbery more than 15 years ago that left a 33-year-old recording studio owner dead.

But Jasper testified at his capital murder trial that although he cut the throat of David Alejandro, a partner was responsible for the victim’s fatal stab wounds.

A Bexar County jury wasn’t convinced and deliberated only 15 minutes at Jasper’s January 2000 trial before convicting him. The panel then took less than two hours to decide he should be put to death.

Jasper’s lethal injection with a dose of pentobarbital was set for this evening.

Jasper, 33, would be the third Texas inmate put to death this year and among at least five scheduled to die over the next five weeks in the nation’s busiest capital punishment state.

Lawyers for Jasper, who is black, argued that the punishment should be stopped to examine whether prosecutors had improperly removed a black man from possibly serving on his trial jury. San Antonio-based U.S. District Court Judge Fred Biery rejected that appeal on Tuesday.

Jasper was 18 at the time of the November 1998 attack. Records showed he had a criminal past beginning about age 15.

Evidence at his trial showed he’d been expelled from school for marijuana possession, then was expelled from an alternative school. Authorities said he also had attacked an off-duty police officer who tried to stop him during an attempted burglary and led police on a high-speed chase.

Jasper had previous sessions with Alejandro, who was the lead singer of a San Antonio Christian-based music group in addition to running his recording studio. At his trial, Jasper described Alejandro as “one of the nicest people I ever met in my life.”

“I’m not a killer and I didn’t do it,” he testified during the punishment phase of his trial.

He refused interview requests from The Associated Press as his execution date neared, but reiterated his claim of innocence in a letter published on the Gawker website.

Jeff Mulliner, one of the prosecutors at Jasper’s trial, said it was undisputed that Jasper organized and participated in the most premeditated murder he’d seen.

Testimony showed that a week before the attack, Jasper purchased large bags he intended to use to hold stolen studio gear. He recruited two friends, Steven Russell and Doug Williams, brought two vans to the studio and reserved time under the pretense of a rap recording session.

“This was not a spur-of-the-moment thing,” Mulliner said.

As their session was ending, Jasper approached Alejandro from behind and slashed his throat from ear to ear with a kitchen knife he’d hidden in his jacket.

“Anybody on the planet that looks, presently or past, at the photos of David Alejandro’s corpse and saw the gash to his neck, it would be impossible to cut someone that deep and that badly across the entire path of the neck without having specific intent to cause his death,” Mulliner said. “He just didn’t quite get it done.”

Mulliner said Jasper then held Alejandro while Russell stabbed him some two dozen times, leaving the knife buried to its hilt in their victim’s body.

Evidence showed Jasper used a black sheet he brought from home to cover Alejandro, then began loading recording equipment worth as much as $30,000 into the vans.

When an off-duty officer unexpectedly showed up and questioned the activity, Jasper fled on foot. He was arrested a few days later and confessed to planning the crime and recruiting two accomplices. Court documents showed his confession was corroborated by his girlfriend, who testified he’d told her days earlier that he planned to steal the equipment and kill Alejandro.

DNA evidence and fingerprints also tied Jasper to the slaying scene. The gear they’d hoped to sell was left behind.

Williams, now 35, was convicted and sentenced to life in prison. Russell, 34, also is serving life after taking a plea deal.

Next week, a Dallas-area man, Anthony Doyle, 29, is set for execution for the robbery and beating death of a woman who was delivering food to his home.

Read Ray Jasper’s final letter here.

From Ray Jasper’s book called Walking in the Rain

THE CHAMBER

some want to live
some want to die

blood drips
like sweat from a forehead

voices scream for justice

hired for murder

merciless people

their apologies were no good
your ears would not hear
your heart would not love

death
death is all you love

the grave is your mistress
death is all you love

death is all you love

The victim’s brother, Steven Alejandro, wrote a letter back to Gawker about the incident claiming Jasper was not repentant and still did not take blame for the death. 

Read Steven Alejandro’s letter in full below:

“Previously, a post from Hamilton Nolan on Gawker shared a statement from a Texas Death Row inmate named Ray Jasper. The letter from Jasper is touted as the last statement Jasper may make on earth. Huffpo has it as a must read. Jasper is on Death Row for his involvement in a stabbing murder committed during a robbery in November of 1998. I’m about to comment on Jasper’s statement without having read it. In fact more than likely I will never read it. I imagine it is not much more than the statement he made in court to my family. My name is Steven Alejandro, and it is our brother, son, grandchild and cousin, the forever 33 year old, David Mendoza Alejandro who was killed by Jasper and his two accomplices.

The facts of the case are readily available on the internet, but allow me to plainly restate them here. David was killed on November 29 1998. It was roughly seven to ten days before this date when, unbeknownst to him, David received his death sentence. Jasper, according to his testimony, needed money so that he could move out of his parents house and into an apartment with the mother of his child, his girlfriend. Jasper decided to rob David.

Jasper was an aspiring rapper who had been recording music at David’s self owned recording studio. (An important note here is that Jasper was not a business partner of David’s as has been claimed elsewhere.) This was a self-made independently owned recording studio, by the way. David had leased an old apartment complex office, and with his own hands, and the help of our father, fashioned it into a affordable space for struggling local musicians. He offered low rates for artists who, much like himself, could not afford more spacious digs. My brother had no apartment of his own; he would crash on a couch at our parents house or, more often, sleep on a makeshift bed on the floor in the studio. He eschewed nicer living quarters so that he could pour his available money into the studio.

Ray Jasper knew well that he could not rob David’s studio equipment without being fingered to the police by him later. So it was, seven to ten days prior, Jasper made the decision to end David’s life. He enlisted the help of two others. That night (and this is all from on-the-record courtroom testimony and statements he gave police in his confession) the three men made the recording appointment. They were there for roughly two hours working, recording, David sitting at the control console. Jasper admits to then grabbing David by his hair, yanking his head back and pulling the kitchen knife he brought with him across David’s throat, slicing it open. David jumped up and grabbed at his own throat from which blood was flowing. He began to fight for his life. At this point Jasper called to one of his accomplices who rushed into the room with another knife. His accomplice then stabbed David Mendoza Alejandro 25 times. David collapsed, already dead or dying—we will never know. The final stab wound was at the back of David’s neck; the knife plunged in and left there.

He was then covered with a sheet and the three men proceeded to tear out as much equipment as they could and load it all into the van they drove there. As they were loading they were spotted by an off-duty Sheriff who called out to them. They took off running, and were eventually caught. The evidence was overwhelming; DNA, fingerprints, confessions. This is and was an open and shut case, as they say in all the cheesy TV murder investigation shows. One defendant was offered the choice of a trial by jury, which could end in a death sentence, or he could avoid the death penalty by admitting his guilt. He chose to admit his guilt. Jasper, given the same choice, apparently decided to take his chance with a jury trial.

During the trial, testimony from the Medical Examiner revealed that it was not technically Jasper’s injury to David that caused death, but the subsequent 25 stab wounds. Jasper’s defense team seized upon this as a defense tactic against a murder charge, and Jasper joined that opinion. Never mind that Jasper delivered the first attack. At one point while he was on the stand testifying, he asked to speak to us— David’s family members. He looked us square in the eye and exclaimed “I didn’t kill your son. He was one of the nicest guys I ever met, but I did not kill him.” Jasper’s reasoning was that since the M.E. cited the 25 stab wounds as the cause of death and not the throat slit committed by Jasper, he was technically not guilty of murder. You can make of that what you will, but it seems any reasonable person would hold Jasper as culpable in the murder as the other defendant who finished off David. So the long and short is this final statement is based in a fantasy that Jasper has convinced himself of. All evidence to the contrary, it seems he denies he is a murderer and therefore he feels he should not be executed for the crime.

And now to the Death Penalty issue. I must stress that I speak only for myself here and for no other family member. Our extended family is much like the rest of the United States. We are a large American family. There are Liberals and there are Conservatives in our midst. There are pro-death penalty and anti-death penalty folks in our tree as well. I am one of those opposed to the death penalty. As far as I can remember I have been in opposition to it. My brother David was not opposed to the implementation of the death penalty. We used to debate the topic often. Sometimes vigorously. During the trial the prosecutors in the case decided to use me on the witness stand in an effort to give David a voice. David was one year older than me. We had been roommates the whole time we lived with our parents. I was the Best Man at his wedding. I hesitate to say I was happy to testify, since it remains the hardest thing I have ever done in my life. But I willingly agreed to testify on David’s behalf. At the trial, the first thing the prosecution wanted to do was to introduce David to the Jury through my words, so I was the first witness called.

After I was sworn in and sat in the chair, the prosecutor handed me a picture of David. It was a postmortem picture. It was a close up of David’s face from the neck up. His eyes still open. The gash from Jasper’s knife visible. I let out a gasp and when the Prosecutor asked me what the picture was of I told him, “it’s my brother, David.” Through tearful testimony, I tried my best to bring my brother back to life in that courtroom. When I got off the stand I reached for my father’s embrace and sobbed as I had never before and have not since.

As I wrote earlier, this was an open and shut case and the jury did not take long to return a guilty verdict. All that was left was the punishment. During the punishment phase the prosecutor outlines the State’s case for the death penalty and, of course, the defense argues for the sparing of the defendant’s life. I’m sure if you asked, under the Freedom Of Information Act, you would be able to wade through the trial documents; the prosecutor’s case was convincing for a death penalty verdict from the jury. Ray Jasper did not grow up on the wrong side of the tracks, he came from a family wherein his father, a career military man, and his mother were still happily married. Jasper was not defended by a court appointed lawyer; his defense was comprised of a well paid for and well known private practice firm. Jasper had a history of arrests and in fact was out on bail when he participated in the murder of David. He had, weeks before, assaulted an off-duty police officer who had stumbled upon Jasper attempting to break into a house.

During the trial somehow, apparently, the defense team got the idea that some of our family might be opposed to the death penalty and called my father to the stand. Nothing my father said could help their defense. When they called me to the stand the defense attorney asked me what my thoughts on the death penalty were. I knew what he was doing. He was hoping I would confess my opposition to the death penalty, thus maybe sparing Ray Jasper’s life. And I could not assist him in good conscience. I’ve thought often in the years since If I did the right thing. If, when push came to shove, I suppressed my own true thoughts in an effort to avenge David’s murder. This is what happened. The defense asked me what my opinion of the death penalty was. And I said, “I don’t think it’s relevant what my opinion is.” And I paused. And I don’t know where it came from, but I then said, “but I can tell you what David thought of the death penalty.” And the defense attorney asked me, “what was David’s opinion?” And I said, “he always told me that if there was no question of the guilt of a murder defendant, that the death penalty was a just punishment.” I’ll never know for sure, but it’s a pretty good bet David’s words uttered through me sealed Ray Jasper’s fate.

After everything, I’m still opposed to the death penalty. I have no intention of witnessing Jasper’s execution but I have no intention of fighting to stop it either. Does this make me a hypocrite? Maybe, but that’s for me to live with. I harbor no illusions that Jasper’s ceasing to exist will ameliorate the pain I feel daily from the loss of David. The truth is I rarely think of Jasper or the other defendants. I think of David more. Those thoughts are more important to me than anything else. Certainly more important than any last statement from Ray Jasper. Though I purposefully skipped reading Jasper’s statement, I did read through the comments. I have to say to my fellow death penalty opponent friends: Keep up your fight. It is an honorable one. But do not use this man, Ray Jasper, as your spokesperson, as your example of why the death penalty should be abolished. The death penalty should be abolished because it is wrong to kill another human being. Not because a Medical Examiner said your knife wound did not cause immediate death. Ray Jasper is not worthy of your good and kind hearts. He has never accepted culpability or expressed remorse. He is responsible for viciously ending the life of “the nicest man he ever met.” Responsible for ending the life of the nicest man my family ever met, David Mendoza Alejandro

More evidence emerges that Texas almost certainly executed an innocent man. Todd Willingham-Yet another reason why our error-prone justice system should never have to the power over life and death.


february 27, 2014 (nytimes)

In the 10 years since Texas executed Cameron Todd Willingham after convicting him on charges of setting his house on fire and murdering his three young daughters, family members and death penalty opponents have argued that he was innocent. Now newly discovered evidence suggests that the prosecutor in the case may have concealed a deal with a jailhouse informant whose testimony was a key part of the execution decision.

The battle to clear Mr. Willingham’s name has symbolic value because it may offer evidence that an innocent man was executed, something opponents of the death penalty believe happens more than occasionally. By contrast, Justice Antonin Scalia wrote seven years ago that he was unaware of “a single case — not one — in which it is clear that a person was executed for a crime he did not commit.”

Mr. Willingham was convicted on charges of setting the 1991 fire in Corsicana, Tex., that killed his three children, and was sentenced to death the next year. The conviction rested on two pillars of evidence: analysis by arson investigators, and the testimony of a jailhouse informant, Johnny Webb, who said that Mr. Willingham had confessed the crime to him.

Photo

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Mr. Willingham was convicted and executed in the killings. Credit Associated Press

The arson investigation has since been discredited; serious questions were raised about the quality of the scientific analysis and testimony, which did not measure up to the standard of science even at the time. But the prosecutor who led the case shortly before Mr. Willingham’s execution argued that even though the arson analysis had been questioned, the testimony of Mr. Webb should be enough to deny any attempt for clemency.

In recent weeks, as part of an effort to obtain a posthumous exoneration from the Texas Board of Pardons and Paroles and Gov. Rick Perry, lawyers working on Mr. Willingham’s behalf say they have found evidence that Mr. Webb gave his testimony in return for a reduced prison sentence. Evidence of an undisclosed deal could have proved exculpatory during Mr. Willingham’s trial or figured in subsequent appeals, but Mr. Webb and the prosecutor at trial, John Jackson — who would later become a judge — explicitly denied that any deal existed during Mr. Webb’s testimony.

In September, lawyers from the Innocence Project in New York filed an official request with the board to exonerate Mr. Willingham, citing the flawed fire science and Judge Jackson’s subsequent actions in the Webb case: efforts to cut Mr. Webb’s prison time and to downgrade the charges after the Willingham trial. The Innocence Project also contends that prosecutors suppressed an effort by Mr. Webb to recant his testimony.

But recantations in criminal cases are relatively common, said Walter M. Reaves Jr., a criminal defense lawyer who has worked on Mr. Willingham’s case, so the biggest open question has been whether Judge Jackson and Mr. Webb had made a deal. Judge Jackson, who has retired from the bench, continued to insist there was no deal, even in an interview last year.

What has changed is that investigators for the Innocence Project have discovered a curt handwritten note in Mr. Webb’s file in the district attorney’s office in Corsicana. The current district attorney, R. Lowell Thompson, made the files available to the Innocence Project lawyers, and in late November one of the lawyers, Bryce Benjet, received a box of photocopies.

As he worked through the stack of papers, he saw a note scrawled on the inside of the district attorney’s file folder stating that Mr. Webb’s charges were to be listed as robbery in the second degree, not the heavier first-degree robbery charge he had originally been convicted on, “based on coop in Willingham.”

Mr. Benjet recalled a “rush of excitement,” he said, and thought, “This is what we’ve been looking for.”

The Innocence Project submitted the note, which is not dated or signed, in a new filing to the board asking that it be included as part of its September request for a pardon.

Barry Scheck, co-founder of the Innocence Project, called the note a “smoking pistol” in the case.

“We’re reaching out to the principals to see if there is an innocent explanation for this,” he said. “I don’t see one.”

Judge Jackson did not respond to several requests for comment.

Mr. Thompson, the district attorney, said that while he willingly complied with the request for the Webb files, he had no opinion as to what happened during the Willingham trial in 1992. “I wasn’t even a college graduate yet,” he said.

As for Mr. Webb, he said, the robbery that put him in a cell with Mr. Willingham was not his only brush with the law. “I’ve also prosecuted him,” he said. “The D.A. before me prosecuted him, and the D.A. before him prosecuted him.”

Mr. Scheck said that the Willingham case suggested a fundamental weakness in the justice system: If Mr. Webb’s testimony “was really based on a deal and misrepresentation, then the system cannot be regulated,” he said. Under those circumstances, “you cannot prevent the execution of an innocent person.”

Even if the board ultimately agrees with Mr. Willingham’s advocates, the final decision will rest with Governor Perry (who has called Mr. Willingham “a monster” who killed his children) or with his successor in 2015.

Mr. Willingham’s stepmother, Eugenia Willingham, said: “I’m real thrilled that all this has come to light. We’ll see what happens. I can’t help but be hopeful.”

His cousin Patricia Cox said that if an exoneration does occur, the family has no plans to press for damages. “We’re not asking compensation,” she said. “We’re asking justice.”

Us- Upcoming Executions march 2014


Dates are subject to change due to stays and appeals

UPDATE MARCH 20

Month State Inmate
19 OH Gregory Lott – Stayed
20 FL Robert Henry executed 6.16pm
20 OK Clayton Lockett – Stayed until April 22
26 MO Jeffrey Ferguson EXECUTED
26 MS Charles Crawford Stayed as execution date had not been affirmed by state court.
27 OK Charles Warner – Stayed until April 29
27 TX Anthony Doyle EXECUTED
27 MS Michelle Byrom Update – The Mississippi Supreme Court threw out Michelle Byrom’s murder conviction and death sentence and ordered a new trial due to numerous problems, including inadequate representation, critical evidence not presented to the jury, confessions by another defendant, and the prosecution’s lack of confidence in its own story of what actually happened.
March
19 OHIO Gregory Lott MOVED NOVEMBER 19
19 TEXAS Ray Jasper EXECUTED 6.31 PM
20 OKLAHOMA Clayton Lockett DELAYED (drug shortage)
27 OKLAHOMA Charles Warner DELAYED (drug shortage)
27 TEXAS Anthony Doyle

TEXAS – SUZANNE BASSO TO BE EXECUTED TODAY at 6 p.m EXECUTED 6.26 pm


Basso went quietly enough. When asked for a final statement, she said “No, sir,” with a tearful look in her eyes. She reportedly looked to a couple of friends positioned behind a window and “mouthed a brief word to them and nodded.” As the drug began to take hold, she began to snore deeply; the snoring slowed and eventually halted and, eleven minutes after the injection, she was declared dead.

*Last Meal: Last meal requests no longer allowed.

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.

filed  february 4 : 5th circuit appeal  pdf

February 5, 2014

HUNTSVILLE, Texas (AP) — A woman convicted of torturing and killing a mentally impaired man she lured to Texas with the promise of marriage was scheduled to be executed Wednesday in a rare case of a female death-row inmate.

If 59-year-old Suzanne Basso is lethally injected as scheduled, the New York native would be only the 14th woman executed in the U.S. since the Supreme Court allowed capital punishment to resume in 1976. By comparison, almost 1,400 men have been put to death.

Texas, the nation’s busiest death-penalty state, has executed four women and 505 men.

Basso was sentenced to death for the 1998 slaying of 59-year-old Louis “Buddy” Musso, whose battered and lacerated body, washed with bleach and scoured with a wire brush, was found in a ditch outside Houston. Prosecutors said Basso had made herself the beneficiary of Musso’s insurance policies and took over his Social Security benefits after luring him from New Jersey.

The 5th U.S. Circuit Court of Appeals refused to halt the execution in a ruling Tuesday, meaning the U.S. Supreme Court is likely her last hope. A state judge ruled last month that Basso had a history of fabricating stories about herself, seeking attention and manipulating psychological tests.

Leading up to her trial, Basso’s court appearances were marked by claims of blindness and paralysis, and speech mimicking a little girl.

Skirting the Constitution: Texas rules Basso competent for execution


Texas set to execute woman for ‘horrible, horrible, horrible’ torture killing

UPDATE : february 4, 2014 (AP)

Texas: 2 courts won’t block woman’s execution

A federal judge has joined Texas’ top criminal court in refusing to stop this week’s scheduled execution of a woman condemned for the torture slaying of a mentally impaired man more than 15 years ago outside Houston.

U.S. District Judge Sim Lake on Monday turned down an appeal from 59-year-old Suzanne Basso hours after Texas Court of Criminal Appeals rejected a similar appeal. She’s set for lethal injection Wednesday evening in Huntsville.

Basso’s attorney contends she is mentally incompetent for execution for the slaying of 59-year-old Louis “Buddy” Musso.

Additional appeals to delay her punishment are likely headed into the federal appeals courts.

Basso would be the 14th woman executed in the U.S. and the 5th in Texas since the Supreme Court in 1976 allowed capital punishment to resume.
Basso’s attorney asked the court to reverse a ruling last month that Basso is competent to be executed for the slaying of 59-year-old Louis “Buddy” Musso at a home in Jacinto City, just east of Houston.
The Texas Court of Criminal Appeals Monday rejected an appeal from 59-year-old Suzanne Basso. She’s set for lethal injection Wednesday evening in Huntsville.

30 january 2014

If the state of Texas goes through with the planned execution on Feb. 5 of Suzanne Basso, it will be executing a delusional woman with scant understanding of why she’s to be put to death, attorney Winston Cochran Jr. argues in a request for sentence commutation filed this month with the Texas Board of Pardons and Paroles.

Indeed, Cochran argues that evidence of Basso’s mental health issues was never provided to the jurors who sentenced her to die in 1999 – because no mitigation investigation was ever done and no mitigation evidence was provided to jurors. “Executing Basso would bring discredit upon the Texas judicial system by demonstrating that constitutional protections necessary in death penalty cases are not protected,” he wrote in the BPP filing.

Given the BPP’s history, it is not a stretch to imagine that Basso will be denied clemency or a reprieve in order to allow Cochran to pursue additional appeals – since 2007, the BPP has recommended clemency just 4 times out of the 129 death cases it has considered.

Basso was condemned for the gruesome beating death in 1998 of Louis “Buddy” Musso. According to the state, Basso lured Musso, a 59-year-old intellectually disabled man, to Texas from New Jersey by promising to marry him and then, with 5 other people – including her son – abused Musso, beatings that left his body covered in bruises from head to toe, before he was finally killed by a series of brutal blows to the head, as part of a scheme to collect insurance money and Musso’s other assets.

Cochran has argued that there is no evidence that Basso was the one who actually killed Musso and that because the jury was not asked to find that she was a party to the crime – a theory under which all actors share culpability – her conviction is invalid. Several courts have denied Basso’s appeals, including a district court ruling Jan. 15 in Houston, which found that Basso is competent to be executed.

Basso will be the 8th woman put to death in Texas since the mid-1800s, the 2nd inmate executed this year, and the 510th executed since reinstatement of the death penalty.

(source: Austin Chronicle)

RELATED ARTICLE  SUZANNE BASSO

UPDATE – FELDMAN ASKS HIGH COURT TO SPARE HIS LIFE


By ExecutionWatch.org
HUNTSVILLE, Texas – Prison workers prepared today for the execution of Douglas Feldman even as he filed an emergency request with the U.S. Supreme Court to call it off.

A spokesman for the high court confirmed that it had received the petition. The court’s response could come at any time before Feldman’s 6 p.m. execution hour.

Unless he wins a stay, Execution Watch will go on the air at 6 p.m. Central Time, providing live coverage and commentary on the state killing.

Execution Watch may be heard worldwide at http://executionwatch.org/ > Listen and in the Houston area at KPFT FM 90.1.

Texas: Road rage killer of Marshfield man set for execution Wednesday – Douglas Feldman


15 years after killing a Marshfield man, Douglas Feldman is slated to be put to death by the state of Texas.

His execution has been set for Wednesday evening in Huntsville, Texas.

The 55-year-old Feldman was convicted in the 1999 Dallas-area shootings of Robert Stephen Everett, 36, of Marshfield, and Nicolas A. Velasquez, 62, of Irving, Texas.

Everett, 36, a part-time truck driver and minister, was killed in a drive-by shooting shortly before midnight on Aug. 24, 1998, while driving his tractor-trailer rig through Plano, Texas. He was hauling a shipment of toys.

Everett was on U.S. 75 when a motorcyclist pulled alongside his rig and fired at least 12 shots from a handgun, Plano police said. Everett was hit several times before he managed to stop his truck on the highway. He died a short time later.

Less than 40 minutes later, 10 miles away in Dallas, Exxon truck driver Nicolas A. Velasquez, 62, of Irving, Texas, was shot several times while unloading fuel at a service station.

Family members said Everett, a divorced father of 2, had aspirations to become a traveling evangelist. 2 well-worn Bibles were found in his truck, they said. The Webster County native had worked for RBX Trucking only a few months.

Texas Department of Criminal Justice officials declined to make Feldman available to reporters as his death date approached after one media session never even got underway because he ripped the telephone from the prison visiting cage.

It’s among 136 disciplinary cases Feldman’s has accumulated while on death row.

Feldman faces lethal injection.

Douglas Feldman to become 503rd inmate put to death since reinstatement


Fri., July 26, 2013

Just two months after his 40th birthday, Dallas County resident Douglas Feldman, rode his motorcycle up next to the cab of an 18-wheeler and fired a half-dozen rounds into the passenger area, killing 36-year-old driver Robert Everett.

Reportedly, Feldman was riding his Harley-Davidson on Dallas’ Central Expressway in August 1998 when Everett sped up next to him and then abruptly changed lanes in front of Feldman, nearly clipping him. Feldman was enraged, according to court records, pulled out a pistol and fired several rounds into the back of the truck before reloading the weapon and speeding up to parallel with the cab to shoot Everett. Feldman then fled. Less than an hour later, and about 11 miles from the scene of Everett’s murder, Feldman passed an Exxon service station, where 62-year-old Nicolas Velasquez, a tanker driver, was replenishing the station’s gas supply. Feldman rode into the station and fired two rounds into Velasquez’s back, killing him; the sight of the man next to the truck sent him back into a rage, he testified at his 1999 trial. More than a week later Feldman shot Antonio Vega, as Vega stood next to an 18-wheeler outside a Jack in the Box restaurant; again, Feldman said the sight of the truck was what compelled him to shoot. Vega survived. A bystander to the Vega shooting called in Feldman’s license plate number and police were able to match Feldman’s gun to all three shootings. Feldman was arrested and charged with capital murder.

Feldman admitted to police that he was responsible for the shootings, and at trial testified in his own defense, “noting that he had not forgiven Mr. Everett for his trespasses,” reads a Fifth U.S. Circuit Court of Appeals opinion in the case. “Feldman explained that he had shot Mr. Velasquez because the man was standing beside an [18-wheeler], which caused Feldman to ‘explode again in anger.'” Feldman was convicted and sentenced to die. On July 31, he will become the 503rd inmate put to death in Texas since reinstatement, and the 11th inmate killed by the state this year.

On appeal, Feldman argued that qualified jurors had been improperly excluded from the jury pool, that his attorney failed to present evidence that he suffered from bipolar disorder as possibly mitigating evidence, and that his trial judge erred by not allowing jurors to consider a lesser charge of murder (which would spare Feldman’s life), among other arguments. According to Feldman the murders arose out of a “sudden passion” and thus mitigated his culpability. “Even though sudden passion arising from an adequate cause is not a legally valid defense to capital murder under Texas law, it is definitely a factually valid rational explanation of the causal events leading up to the offense,” Feldman argued in a subsequent, handwritten appeal he filed on his own with the Fifth Circuit. That appeal, too, has been rejected, clearing the way for Feldman’s execution at the end of the month.