USA NEWS

Missouri AG says state may have to use gas chamber


By JIM SALTER Associated Press
Posted: 07/03/2013 01:31:24 PM PDT

ST. LOUIS—With drugs needed for lethal injection in short supply and courts wrangling over how to execute prisoners without them, Missouri’s attorney general is floating one possible solution: Bring back the gas chamber.

In court filings and interviews this week, Attorney General Chris Koster noted that Missouri statutes allow two options for executions: lethal injection and death by gas. Koster’s comments come amid his growing frustration over the Missouri Supreme Court’s refusal to set execution dates until lethal injection issues are resolved.

“The Missouri death penalty statute has been, in my opinion, unnecessarily entangled in the courts for over a decade,” Koster said Wednesday in an email exchange with The Associated Press.

Asked about concerns by some who say using lethal gas could violate condemned inmates’ constitutional guarantee against cruel and unusual punishment, Koster responded: “The premeditated murder of an innocent Missourian is cruel and unusual punishment. The lawful implementation of the death penalty, following a fair and reasoned jury trial, is not.”

Missouri used gas to execute 38 men and one woman from 1938 to 1965. After a 24-year hiatus, the death penalty resumed in 1989. Since then, 68 men—all convicted murderers—have been executed in the state, all by lethal injection. But as concerns were raised in the courts about the lethal injection process, Missouri has carried out just two executions since 2005.

A return to lethal gas would create an expense because Missouri no longer has a gas chamber. Previous executions by gas took place at the Missouri State Penitentiary in Jefferson City. Prisoners were moved out of that prison a decade ago and it is now a tourist attraction—complete with tours of what used to be the gas chamber.

Like other states with the death penalty, Missouri for years used a three-drug mixture to execute inmates. But those drugs are no longer being made available for executions, leaving states to scramble for solutions.

Last year, Missouri announced plans to use propofol, the anesthetic blamed for pop star Michael Jackson’s 2009 death—even though the drug hasn’t been used to execute prisoners in the U.S. and its potential for lethal injection is under scrutiny by the courts.

A 2012 lawsuit filed in U.S. District Court in Kansas City on behalf of 21 Missouri death row inmates claimed the use of propofol would be cruel and unusual punishment.

In an interview last week, Missouri Supreme Court Chief Justice Mary Russell said the court is “waiting for resolution” from the U.S. District Court.

Koster on Monday asked the Missouri Supreme Court to set execution dates for two long-serving inmates, arguing that time is running short to use a limited, nearly expired supply of propofol.

Richard Dieter, executive director of the Death Penalty Information Center in Washington, said a few other proposals have been made for states to use the gas chamber or the electric chair, but they’ve gone nowhere.

“It’s unlikely that states would go back to these older methods, and if they did I’m not sure they would be upheld” in the courts, he said.

Rita Linhardt, chairwoman of the board for Missourians for Alternatives to the Death Penalty, questioned the practicality of the gas chamber.

“The gas chamber has been dismantled in Missouri, so from a practical point of view I don’t know how that could be done,” Linhardt said. “I would think that would be a considerable cost and expense for the state to rebuild the machinery of death.”

Daniel Taylor’s 20-year wrongful prison term


A Chicago man who spent 20 years in prison is freed after a new investigation reveals he had an alibi. Daniel Taylor was in police custody at the time and Saturday night he spoke out.

Taylor was 17 years old when he says police coerced him into confessing.

Taylor’s exoneration is the 90th in Cook County since 1989. He is the 34th known to have been wrongfully convicted based on a unreliable confession.

 

Taylor’s fight for freedom began with a letter from prison to the Chicago Tribune. Northwestern University’s Center on Wrongful Convictions then took up his case.

Taylor returned home early this morning

“To get up and use the washroom when I want to, to make a meal when I want to, to go outside and take in the fresh air when I want to,” Taylor said.

Freedom. Something most of us take for granted. Daniel Taylor never will.

The 38-year-old is home after spending 20 years in prison for a 1992 double murder in Uptown. Charges were dropped after Cook County prosecutors interviewed more witnesses and reviewed more documents. But, there is only one document that Taylor and his lawyers say should have cleared him from the beginning.

“I never thought I would need the paper work, the copy they gave you when you leave,” he said.

Taylor is talking about jail records that prove he was in police custody being held on a disorderly conduct charge at the time of the double murder. Despite that, Taylor was charged with several others.

“The level of trickery that they used at the police station with a 17-year-old with a 2nd grade education was beyond me at the time,” he said.

Trickery that Taylor says included being handcuffed to a wall, beaten and coerced into signing a confession.

“I think that maybe the jury couldn’t get passed the fact that he confessed even though there was this evidence he was in custody the whole time,” said Judy Royal, Center on Wrongful Convictions.

After being sentenced to life without parole, Taylor had given up hope. He tried taking his life in prison. TayLor decided to fight for his freedom after getting some advice from a cell mate.

“The only way to get it done is to get it started,” he said.

So the fight began with legal help from Northwestern University’s Center on Wrongful Convictions. Taylor’s hard work and patience finally paid off after two decades behind bars.

“My thing is to move forward,” he said.

Taylor says he is giving himself a three-week grace period to get used to freedom. After that, he says it’s time to work on his future.

Taylor earned his GED in prison and he would like to go to college. His goal is to work with at risk youth, kids similar to him before he went to prison.

Louisiana releases execution protocol; inmate’s lawyer calls it ‘inadequate’


Louisiana corrections officials have released the state’s execution protocol after a lawsuit brought by two death row inmates called for more transparency into the procedure. But the inmates’ lawyers say details released by the state are spotty at best, and that the use of a new lethal drug is not fully explained.

Until this month, the state’s execution protocol was inaccessible by the public, including inmates and their attorneys. The protocol, obtained by NOLA.com | The Times-Picayune on Friday, was released after 2 death row inmates filed suit against the state Corrections Department and Louisiana State Penitentiary, or Angola, to make public the documents.

But, Michael Rubenstein, lawyer for inmate Jessie Hoffman, said the nearly 60-page document he received last week is “woefully inadequate.” While it confirms previous court admissions that the state plans to switch to using a single drug in its lethal injections, it leaves out important details, he said.

“The lethal injection protocol released by the Louisiana Department of Corrections this week fails to provide the most basic information about how it intends to carry out executions,” Rubenstein said Friday.

He pointed to gaps in how lethal drugs will be stored, overseen and administered, and who will have ultimate responsibility over the drugs. He also expressed concerns about the state’s decision to switch from a 3-drug cocktail to just 1 drug.

“We still do not know whether any medical authorities were consulted regarding the incorporation of (pentobarbital); the original source or expiration date of the new drug; how the drug is to be administered; or the training of personnel who will implement the new procedure for the 1st time,” Rubenstein said.

Pentobarbital is a drug primarily used to treat seizures and insomnia. In large doses — such as the 5 grams administered during execution — the drug is lethal. Formerly, it was used primarily in euthanizing animals.

When pentobarbital first began being used in cases of capital punishment, in Oklahoma in 2010, inmate advocacy groups expressed concerns with it being largely untested in large doses. Ohio was the 1st state to use it alone in March 2011, triggering an outcry from advocates.

Louisiana has not yet used the single-drug formula. The last inmate to be executed in the state was in 2010, when the 3-drug cocktail was still in use. The state decided to make the switch after supplies of sodium thiopental — the starter drug in the cocktail — began to run out.

While Hoffman’s execution is not yet scheduled, the other plaintiff in the case, Christopher Sepulvado, was scheduled to be executed on Ash Wednesday this year. But after he joined Hoffman’s suit, the court ordered the state to delay his execution until the protocol was released.

It is unclear whether the state will proceed with Sepulvado’s execution now that the protocol has been released. Part of the attorneys’ argument was based on concerns about the use of pentobarbital, its 3-year expiration date, and who would be monitoring its storage — 3 pieces of information not fully elucidated in the execution protocol.

Pam LaBorde, public information officer for the Louisiana Department of Public Safety and Corrections, would not comment on the case Friday, citing “pending death penalty-related issues before the courts.”

In response, Rubenstein said he and his colleagues will “engage in a robust discovery process to uncover the truth” that begins with additional interrogations and documents requests.

Hoffman was sentenced to death for the 1996 kidnapping, rape and killing of Mary “Molly” Elliott, an advertising executive in St. Tammany Parish. Sepulvado was convicted of the beating and fatal scalding of his 6-year-old stepson in Mansfield in 1992.

Source: The New Orleans Times-Picayune, June 29, 2013

Missouri seeks execution dates for 2 before death drug expires


July,1, 2013

JEFFERSON CITY, Mo. • Missouri Attorney General Chris Koster wants the state Supreme Court to set execution dates for two inmates before the state’s supply of an execution drug expires.

Koster has renewed a request for execution dates to be set for Allen Nicklasson and Joseph Franklin. The state’s highest court refused to do so last August, citing a legal challenge to the state’s newly planned use of the drug propofol as its execution method.

The attorney general’s office said Monday that the Department of Corrections has a limited supply of propofol and much of it will expire next spring.

Nicklasson was convicted for the 1994 killing of a businessman traveling on Interstate 70 in Callaway County.

Franklin was convicted of killing a man outside a synagogue in Richmond Heights in 1977. He admitted killing Gerald Gordon, who was a 42-year-old father of three young daughters. (Associated Press)

Texas: From America’s Busiest Death Chamber, a Catalog of Last Rants, Pleas and Apologies Texas Department of Criminal Justice


Karl Eugene Chamberlain went to his neighbor’s apartment that night in Dallas under the pretense of borrowing sugar. He returned later, forced her into a bedroom, bound her hands and feet, raped her and then used a rifle to shoot and kill her. His victim, Felecia Prechtl, 29, was a single mother with a 5-year-old son.

11 years after he was convicted of capital murder, Mr. Chamberlain, 37, was strapped to a gurney in Texas’ execution chamber at the Walls Unit prison here and was asked by a warden if he had any last words. “Thank you for being here today to honor Felecia Prechtl, whom I didn’t even know,” he told her son, parents and brother on June 11, 2008. “I am so terribly sorry. I wish I could die more than once to tell you how sorry I am.”

His words did not die with him. Texas wrote them down, kept them and posted them on the Internet.

The state with the busiest death chamber in America publishes the final statements of the inmates it has executed on a prison agency Web site, a kind of public catalog of the rantings, apologies, prayers, claims of innocence and confessions of hundreds of men and women in the minutes before their deaths.

Charles Nealy asked to be buried not to the left of his father but to the right of his mother. Domingo Cantu Jr., who dragged a 94-year-old widow across the top of a chain-link fence, sexually assaulted her and then killed her, told his wife that he loved her and would be waiting for her on the other side.

The condemned praised Allah and Jesus and Sant Ajaib Singh Ji, a Sikh master. 3 cheered for their favorite sports teams, including Jesse Hernandez, whose execution last year made headlines after he shouted, “Go Cowboys!” They spoke in English, Spanish, French, Vietnamese, Gaelic, German (“Meine schone prinzessin,” said Mr. Cantu, German for “my beautiful princess”). They quoted the Koran and the Bible, but also Todd Beamer’s phrase aboard United Airlines Flight 93.

“Sir, in honor of a true American hero, ‘Let’s roll,'” said David Ray Harris, who was dishonorably discharged from the Army and was executed in 2004 for killing a man who tried to stop him from kidnapping the man’s girlfriend.

The execution on Wednesday of Kimberly McCarthy – a 52-year-old woman convicted of robbing, beating and fatally stabbing a retired psychology professor near Dallas – was the 500th in Texas since December 1982, when the state resumed capital punishment after the Supreme Court reinstated the death penalty in 1976. In those 30 years, Texas has executed more people than Alabama, Florida, Georgia, Missouri, Oklahoma and Virginia combined.

The state’s execution record has often been criticized as a dehumanizing pursuit of eye-for-an-eye justice. But three decades of last statements by inmates reveal a glimmer of the humanity behind those anonymous numbers, as the indifferent bureaucracy of state-sanctioned death pauses for one sad, intimate and often angry moment.

“I hope that one day we can look back on the evil that we’re doing right now like the witches we burned at the stake,” said Thomas A. Barefoot, who was convicted of murdering a police officer and was executed on Oct. 30, 1984.

Among the death-penalty states, Texas and California are the only ones that make the last words of offenders available on their Web sites. But only Texas has compiled and listed each statement in what amounts to an online archive. The collection of 500 statements, which includes inmates’ verbal as well as written remarks, has been the subject of analysis, criticism and debate by lawyers, criminal justice researchers and activists who oppose the death penalty.

It has spawned at least one blog, Lost Words in the Chamber, which has regularly posted the last statements since 2011. Officials with the prison agency, the Texas Department of Criminal Justice, said there were 3 million page views of inmates’ final words last year.

“It’s kind of mesmerizing to read through these,” said Robert Perkinson, the author of “Texas Tough: The Rise of America’s Prison Empire” and a professor at the University of Hawaii at Manoa. “Most people about to be executed haven’t had a lot of success in school or life. They’re not always so skilled at articulating themselves. There are plenty of cliches, sometimes peculiar ones, like the Cowboys reference. But I think many of these individuals are also striving to say something poignant, worthy of the existential occasion.”

The last statements are not uttered in a vacuum – they are heard by lawyers, reporters and prison officials, as well as the inmates’ families and victims’ relatives. But the power of their words to change the system or even heal the hearts of those they have hurt is uncertain.

Nearly 7 years after he murdered a Houston city marshal who caught him with cash and loose change stuffed into his pockets from the bar he had just robbed, Charles William Bass refused his last meal and told the warden in 1986, “I deserve this.” “I think he was correct,” said Mr. Baker, 63, a minister at the Church of Christ in Emory, Tex., who was 29 when his father was killed. “It’s called capital punishment for a reason.”

Strapped to a gurney in a spare brick room painted dark green, the inmates nowadays speak into a microphone attached to the ceiling, their arms stretched out and buckled into a T-shaped gurney so the drugs flow easily from the IVs into their veins. With the victims’ and the inmates’ witnesses in place in 2 separate rooms, the warden asks the inmate if there is a last statement. The last words are not recorded, but transcribed by hand by staff members listening inside the warden’s office.

Jim Willett, 63, a retired Walls Unit warden, said none of the 89 statements he heard from 1998 to 2001 changed his support for the death penalty.

“You can hear it in their voices sometimes and in their delivery that they are sincerely hurting for the pain that they put their own family through,” said Mr. Willett, the director of the Texas Prison Museum in Huntsville. “I saw the strangest thing one night. You got this little wall here like this, separating those 2 witness rooms. One night I saw the daughter of the inmate and the daughter of the victim, and they were both leaning against that wall. They were that far apart and didn’t even know it.”

Jason Clark, a spokesman for the prison agency, said the last statements were posted to respond to the demand for that information by the public and journalists. But opponents of the death penalty call it a perverse tradition.

“The death penalty is a process, not an act, and posting the final words of a condemned person after a process which has usually lasted a decade or more is simply a disservice,” said Rick Halperin, director of the Embrey Human Rights Program at Southern Methodist University in Dallas. “How is one to assess the phrase of ‘Go Cowboys!’ from a man on a gurney?”

Freddie Webb said 1 word – “Peace” – but James Lee Beathard, who murdered his accomplice’s father, stepmother and half-brother, said 684 of them in December 1999, in a rambling statement that mentioned the embargoes against Iran and Cuba. He viewed his final minutes the way others had – as a fleeting moment on a stage, with a silent, watchful audience. “Couple of matters that I want to talk about,” he said, “since this is one of the few times people will listen to what I have to say.”

(source: New York Times)

First US man released by DNA evidence after being on death row celebrates 20th year


june 28, 2013

ANNAPOLIS, Md. — A man who was on Maryland’s death row for a murder he didn’t commit is celebrating the 20th anniversary of his release.

Kirk Bloodsworth is marking the anniversary on Friday, just months after Maryland banned the death penalty.

Bloodsworth, who recently moved from Maryland to Philadelphia to be director of advocacy for Witness to Innocence, was twice convicted of a girl’s 1984 murder. He spent two years on death row following his first trial. A second trial brought another conviction, although he received a life sentence instead of capital punishment.

Bloodsworth was cleared in 1993, becoming the first American freed because of DNA evidence after being convicted in a death penalty case.

Reflecting on his experience, Bloodsworth says: “If it can happen to me, it can happen to anyone.”

Ex-Texas Warden Reflects After 140 Executions-Charles Thomas O’Reilly


June 27, 2013  AP

Charles Thomas O’Reilly supported capital punishment when he oversaw his first Texas execution. And he still supported it after his 100th.

In six years as warden of the Huntsville Unit, the prison that houses Texas’ death chamber, O’Reilly supervised about 140 executions — more than any other warden in state history.

Now retired, he reflected on his career this week as the nation’s busiest death penalty state as the state executed its 500th inmate since resuming capital punishment in 1982.

The 62-year-old said he has no regrets about a process he considered to be a relatively unemotional and small part of his job.

If you do 140 of them and then decide you can’t do them, then I think you’ve pushed it a little too far,” O’Reilly said during an interview with The Associated Press in Forney, about 175 miles away from Huntsville. “If you can’t do it, you should have made that decision after one, or maybe two.”

O’Reilly, who retired in 2010, recalled meeting condemned inmates when they arrived at Huntsville the afternoon of their executions.

“I’ll tell him that we’re going to treat him with as much dignity as he’ll allow us to,” O’Reilly said. Then at 6 p.m., he would return to the inmate’s holding cell and say two words: “It’s time.”

Texas 500th Execution Warden.JPEG

A five-man team walked each inmate to the death chamber and tied the prisoner to a gurney. Other staff members ran IV lines for the execution drugs.

Before the lethal injection began, O’Reilly would ask the inmate for any last words. He liked to give each inmate about three minutes, though he rarely cut anyone off.

Once the inmate’s final statement was complete, O’Reilly used a hand-held clicker to signal to the drug room that it was time to start. Minutes later, he would signal to a doctor to check the inmate’s pulse and declare him dead.

Relatives of the condemned inmates and victims typically watched through a window.

“There’s not a lot said,” O’Reilly said. “Everybody knows their job, knows how to do it, when to do it.”

He does not remember the name of the first inmate executed during his tenure, but a few names stand out. They include Frances Newton, the only woman executed on his watch. Condemned to death for killing her husband and two children, she was executed in 2005, becoming just the third woman put to death since Texas resumed capital punishment.

O’Reilly said he was more concerned with making sure executions were done professionally. He recalls the professionalism of the prison chaplain and the staff he hand-picked to assist with executions.

Speaking in a low Texas drawl, O’Reilly’s voice hardens when asked about his personal views on the death penalty. He said it’s the appropriate way to deal with society’s worst criminals, such as someone who rapes and kills a 7-year-old girl.

“As far as I’m concerned, that person probably got a just punishment for the crime that he committed,” O’Reilly said. “Like me or anybody else, we all have to take responsibility for our own actions. Our actions are our choice. The consequences for those actions are not our choice.”

Although the fight over the death penalty is often heated, O’Reilly said the process of an execution is quiet and simple.

“It doesn’t take long. There’s not a lot said,” O’Reilly said. “All you’re going to do there is watch a guy go to sleep.”

Ex-Virginia executioner becomes opponent of death penalty – Jerry Givens


Jerry Givens executed 62 people.
His routine and conviction never wavered. He’d shave the person’s head, lay his hand on the bald pate and ask for God’s forgiveness for the condemned. Then, he would strap the person into Virginia’s electric chair.
Givens was the state’s chief executioner for 17 years — at a time when the commonwealth put more people to death than any state besides Texas.
“If you knew going out there that raping and killing someone had the consequence of the death penalty, then why are you going to do it?” Givens asked. “I considered it suicide.”
As Virginia executed its 110th person in the modern era last month, Givens prayed for the man, but also for an end to the death penalty. Since leaving his job in 1999, Givens has become one of the state’s most visible — and unlikely — opponents of capital punishment.
Givens’s improbable journey to the death chamber and back did not come easily or quickly for the 60-year-old from Richmond. A searing murder spurred his interest in the work, but it was the innocent life he nearly took that led him to question the system. And he was changed for good when he found himself behind bars.
His evolution underscores that of Virginia itself and the nation. Although polls show that the majority of state residents still support the death penalty, Virginia has experienced a sea change on capital punishment in recent years that is part of a national trend.
Givens grew up in the Creighton Court housing complex in Richmond, where he also graduated from high school in the early 1970s. By 1974, he had gotten a job at a Philip Morris plant and then lost it after fighting with a co-worker.
He recalled someone telling him that he should apply for a job at the state penitentiary before he got sent there. Givens did just that.
After two years as a prison guard, he said, a supervisor approached him about working on death row. He would not be paid extra, but he accepted the job.

“If you knew going out there that raping and killing someone had the consequence of the death penalty, then why are you going to do it?” Givens asked. “I considered it suicide.”

As Virginia executed its 110th person in the modern era last month, Givens prayed for the man, but also for an end to the death penalty. Since leaving his job in 1999, Givens has become one of the state’s most visible — and unlikely — opponents of capital punishment.

His evolution underscores that of Virginia itself and the nation. Although polls show that the majority of state residents still support the death penalty, Virginia has experienced a sea change on capital punishment in recent years that is part of a national trend.

The state has had fewer death sentences over the past five years than any period since the 1970s. Robert Gleason, who was put to death Jan. 16, was the first execution in a year and a half. As recently as 1999, the state put 13 to death in a single year.

Nationwide, the number of death sentences was at record lows in 2011 and 2012, down 75 percent since 1996, according to the Death Penalty Information Center. Five states have outlawed capital punishment in the past five years, and Maryland Gov. Martin O’Malley (D) affirmed plans to push for a moratorium there. Gallup polls show support for capital punishment ebbing.

Givens’s improbable journey to the death chamber and back did not come easily or quickly for the 60-year-old from Richmond. A searing murder spurred his interest in the work, but it was the innocent life he nearly took that led him to question the system. And he was changed for good when he found himself behind bars.

His story helps explain how a state closely associated with the death penalty for decades has entered a new era.

“From the 62 lives I took, I learned a lot,” Givens said.

The first execution

Friends and strangers regularly ask Givens the essential question: What is it like to take another man’s life? In answering, he vividly recalls his first execution, in 1984.

Texas town where detention and death is a way of life


Texas town where detention and death is a way of life

With 7 prisons, a cemetery for dead inmates and its infamous execution chamber, the business of detention and death is a way of life in the Texas town of Huntsville.

In this neat and tidy city north of Houston, prisoners recognizable by their white uniforms, maintain public green spaces under a blazing sun and the gaze of a guard, sitting on the edge of a car.

“These are trustees,” says the corrections officer. The inmates in question are low-level criminals convicted of crimes such as car theft or burglary.

Out of Huntsville’s population of 38,000 people, 14,000 are prisoners while a further 6,000 are guards or employees of the Texas Justice Department.

Instead of tourist signs pointing out antique shops, the tomb of famous Texas Governor Sam Houston, or other places of interest, a visitor is guided to the various prisons: the Wynne Unit, the Byrne Unit, Hollyday Unit.

“Prison, it’s an industry here,” says Kathreen Case, executive director of the Texas defender service. “It is their industry, it is amazing how many people can earn their lives out of it.”

Prisons generate 16.6 million dollars in wages per month, while nearly 200 educators from the Windham School District contribute another 740,000 dollars each month to the local economy, according to the local Chamber of Commerce.

“It’s a prison town, everybody knows somebody that works in the prison system,” says Gloria Rubac, an activist who campaigns for the abolition of the death penalty in Texas. “It’s a very prison-oriented town.”

Prisoners are put to work in a number of schemes, doing everything from manufacturing their own clothes or the uniforms of prison guards to feeding and raising chickens.

“If we didn’t have the prison system and if we didn’t have the university, I don’t know if you’d even have a traffic light in this town,” said Jim Willett, former warden and commissioner at the Walls Unit, the oldest of 7 prisons.

An imposing building guarded by high red brick walls, the Walls Unit is set just a short distance from downtown Huntsville.

In the northeast corner of the building, topped by a watchtower, is the execution chamber, reveals Willett, who gave the green light to 89 executions in his 30-year career.

The clock on the facade of the building is the usual gathering point for anti-death penalty activists ahead of each execution.

They will gather again here Wednesday for the 500th execution scheduled since the reinstatement of the death penalty in the United States in 1976.

Previously, those sentenced to die were also imprisoned at the facility, but due to over-crowding amid soaring convictions, they were transferred to the Ellis Unit and later to the maximum security Polunsky Unit.

A few hours before execution, the prisoner is taken from death row, a concrete fortress topped by razor wire where narrow slits are the only openings to the outside world, and transferred to the Huntsville execution chamber.

The condemned prisoner’s final journey is a scenic route along the shores of Lake Livingston, surrounded by cedar forests. The precise route of a prisoner’s final journey is never revealed for security reasons.

Since his retirement, Willett has taken over responsibility as curator for the Huntsville prison museum, one of the most popular stops on the tourist trail, where exhibits include the final words of those executed.

Pride of place is given to “Old Sparky” the nickname for the electric chair, which was responsible for sending 361 prisoners to their deaths before its use was discontinued in 1965.

Large syringes and straps on display reflect Texas’s transition to the use of lethal injection as the preferred method of execution.

A gift shop sells mugs and T-shirts with death row symbols as well as novelty items notable for their black humor, including “Solitary Confine-mints.”

A couple of blocks away is Hospitality House, a charitable organization run by 2 baptist pastors which aims to offer support to the families and loved ones of those who are condemned to death.

“The families shouldn’t be punished,” says Debra McCammon, the executive director of Hospitality House, describing them as “the other victims of crime.”

It is also here that the prison chaplain prepares families in order to avoid “hysteria or panic” during executions.

A guided tour of the city’s jails ends with the cemetery of prisoners, situated on a green hill shaded by sycamore trees.

Some 3,000 concrete crosses have been erected at the site since the 1st burials in the 19th century. Many graves are anonymous, while some are identified only by their prisoner number.

Others carry a single 1-word epitaph: “Executed.”

(source: Global Post)

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Execution date moved for El Paso man convicted of killing boy -Rigoberto “Robert” Avila Jr.


June 24, 2013 elpasotimes.com

 

The execution date for an El Paso man convicted in the 2000 death of his then-girlfriend’s 19-month-old son has been rescheduled again.

The request was made by his attorneys who wanted more time to explore the possibility he may be innocent.

Rigoberto “Robert” Avila Jr., 40, has been on Texas’ death row since 2001 after his capital murder conviction in the Feb. 29, 2000, death of Nicolas Macias.

In 2001, a state district court jury sentenced Avila to death after convicting him in Nicolas’ death. Prosecutors had alleged Avila fatally beat Nicolas while Avila was baby-sitting Nicolas and his sibling.

At the time, Avila was dating the children’s mother, who was attending classes when Nicolas was injured. Nicolas’ mother, Marcelina Macias, has declined interview requests from the El Paso Times.

Avila was initially scheduled to be executed on Dec. 12 — which happened to be the Catholic Church’s feast day for Our Lady of Guadalupe — but was rescheduled for April 10. After defense attorneys asked for more time to explore scientific evidence in the case, Avila‘s execution was rescheduled again for July 10.

Cathryn Crawford and Kathryn Kase, attorneys with the Texas Defender Service who are representing Avila in his appeals, requested that Avila’s July 10 execution date be withdrawn to allow them to explore the possibility Avila may be innocent, based on a scientific study that Nicolas was injured by a sibling.

District Attorney Jaime



Esparza did not oppose the request, which was granted by 41st District Judge Anna Perez last week. Perez also scheduled a new execution date in January 2014.

Avila’s attorneys commended Esparza for not opposing their request for more time. Esparza declined to comment on the request, but said he allowed prosecutors to seek the death penalty against Avila based on Nicolas’ brutal death. At the time, jurors did not have the option of sentencing Avila to life in prison without parole.

According to testimony by two medical experts at Avila’s trial, Nicolas had severe internal injuries, including a severed pancreas, that were caused by the same amount of force seen in high-speed traffic crashes. They also testified Nicolas’ injuries could not have been caused by an accident.

One witness, pediatric surgeon Dr. George Raschbaum, testified the only way a 4-year-old child could have caused Nicolas’ injuries was if he had jumped on Nicolas from a height of 20 feet.

During an El Paso Times editorial board meeting last week, Crawford said testing by their defense expert indicates Nicolas’ injuries could have been caused by a 4-year-old child jumping from a height of 16 to 24 inches. The bed in the bedroom Nicolas and his sibling were playing in was 18 inches high.

“It is very clear that physically, this is a very possible scenario,” Crawford said. “We’re hoping to present the evidence to the court to determine if the jury had heard this, would they have possibly found him not guilty. That’s all we’re asking for.”

Crawford and Kase stopped short of saying Avila is innocent, but said they are exploring the possibility Nicolas was fatally injured by his 4-year-old sibling, who was mimicking wrestling moves both had seen on pay-per-view a few days earlier.

According to preliminary biomechanical testing conducted by a defense expert, Crawford and Kase said, it is possible Nicolas could have suffered his injuries after his sibling leaped from a bed onto the boy, who was lying on the floor.

However, the biomechanical testing was not available to Avila’s defense attorneys at the time of his 2001 trial, and according to Senate Bill 344, a state law that will take effect Sept. 1, a defendant is entitled to a court hearing based on “relevant scientific evidence” not available at the time of the defendant’s trial.

Crawford said she and Kase are also looking into the possibility that Avila unknowingly signed a confession where he admitted to hitting Nicolas.

Avila had initially told then-El Paso police homicide Detective Tony Tabullo that Nicolas and his sibling were playing in a bedroom while Avila was watching television in a different room when Nicolas’ sibling told Avila the boy was not breathing.

Crawford said in the first statement, Avila initialed each paragraph indicating he had read them. She said Avila’s first statement was consistent with what he told police and paramedics at the scene and what Nicolas’ sibling described during an initial interview with a police investigator.

During the early morning hours of March 1, 2000, while Avila was still at police headquarters, Tabullo learned of a bruise on Nicolas’ abdomen that paramedics interpreted as a shoe mark, Crawford said.

Crawford said Tabullo, who retired from the police department in 2003, had Avila sign a second statement that said Avila confessed to beating Nicolas. Avila signed the second statement because he trusted it was the same as the first.

Kase and Crawford also noted Avila had no previous criminal or violent history and was a Navy veteran.

Crawford and Kase said they expect to file more extensive documents once the new law becomes effective in September. Kase said Avila’s case will very likely be the first case heard under the new law.