Texas Department of Criminal Justice

Texas prisons violate international human rights standards, report says


April 23, 2014

Summer in Texas prisons is so sweltering that the heat violates international human rights standards and has caused the deaths of at least 14 inmates since 2007, according to a new study.

The extreme temperatures in state-run facilities also breach the US constitution’s ban on cruel and unusual punishments, said the report released on Tuesday by the Austin-based Human Rights Clinic of the University of Texas School of Law.

It cites a Texas Department of Criminal Justice (TDCJ) temperature log that showed a heat index of at least 65C (149F) at 10:30am at a unit in Dallas on 19 July 2011. Heat index is a way of measuring how hot it feels by combining temperature and humidity. The National Weather Service issues extreme heat alerts when the index is expected to exceed 105-110F for two consecutive days or more.

“Over the years, TDCJ facilities seem to have seen little improvement, completely disregarding the rights and dignity of its inmates. Since 2007, at least fourteen inmates have died from extreme heat in nine different TDCJ prisons,” the report states.

There are about 150,000 people incarcerated in TDCJ prisons. Most facilities do not have air conditioning other than in medical, psychiatric and geriatric buildings. The study calls for TDCJ to install air conditioning to keep temperatures in housing areas below 85F *(29,4C). Until that is achieved it suggests officials should screen and monitor susceptible prisoners and provide easy access to cool liquids and ice. It also recommends that the TDCJ set a temperature limit for prisoners’ cells, as is the case in county jails and in other states.

“There is no standard of how hot a person could get. That shows that Texas is behind many other southern states – Arizona, Oklahoma, Arkansas, New Mexico, all of them have different standards. Some of them establish 85F as the maximum temperature in a prison,” the clinic’s director, Ariel Dulitzky, told the Guardian.

“We are convinced that Texas is breaking international human rights laws and US constitutional law,” he said. “We believe it’s a lack of political will from the authorities at the TDCJ, they refuse to acknowledge there’s a problem … There’s a belief that everybody suffers extreme heat in Texas and that is true. The difference is that I can be in my office and have air conditioning.”

The report said that 92 correctional officers suffered heat-related injuries or illnesses in 2012. “We’re placing these employees at great risk by working in these type of conditions without any climate control,” said Lance Lowry, a correctional officer and president of the American Federation of State, County and Municipal Employees union branch in Huntsville, where Texas’s state prison system has its headquarters.

Lowry said that some officers have passed out or vomited. “We’ve had numerous members report getting extremely ill at work from extreme heat. A lot of these officers are in prisons wearing stab-resistant vests which hold a lot of heat,” he told the Guardian, adding that the conditions harmed productivity and safety.

“There’s definitely a problem among inmates who are on psychiatric medications. A lot of those medications are heat-reactive, and what we’ve seen is inmates during hot times will stop taking these medications that normally keep them calm. Once they stop taking these medications they become more aggressive towards staff,” he said.

Lowry thinks that in the long run it would be cheaper to install air conditioning than to keep paying for medical treatment made necessary by the heat.

“The wellbeing of staff and offenders is a top priority for the agency and we remain committed to making sure that both are safe during the extreme heat,” Jason Clark, a TDCJ spokesman, said in a statement.

“TDCJ takes precautions to help reduce heat-related illnesses such as providing water and ice to staff and offenders in work and housing areas, restricting offender activity during the hottest parts of the day, and training staff to identify those with heat related illnesses and refer them to medical staff for treatment. Although a detailed cost analysis has not been done, retrofitting facilities with air conditioning would be extremely expensive.

“Dulitzky plans to submit the report’s findings to the relevant United Nations bodies and the Inter-American Commission on Human Rights, while the Texas Civil Rights Project has filed lawsuits against TDCJ on behalf of some inmates and their families.

Texas prison officials do appear willing to spend generously on cooling equipment in certain circumstances. It was reported last year that TDCJ signed a $750,000 deal to buy climate-controlled housing for its pig-breeding programme.

“We need to have a grown-up discussion of what’s practical and reasonable and what’s politically acceptable,” Texas senate Criminal Justice committee chairman John Whitmire, a Houston Democrat, told the Houston Chronicle. “But I can tell you, the people of Texas don’t want air-conditioned prisons, and there’s a lot of other things on my list above the heat. It’s hot in Texas, and a lot of Texans who are not in prison don’t have air conditioning.”

theguardian.com)

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

Texas obtains new supply of execution drugs from source kept secret


march 19, 2014

Texas has obtained a new batch of the drugs it uses to execute death row inmates, allowing the state to continue carrying out death sentences once its existing supply expires at the end of the month.

But correction officials will not say where they bought the drugs, arguing that information must be kept secret to protect the safety of its new supplier. In interviews with the Associated Press, officials with the Texas Department of Criminal Justice also refused to say whether providing anonymity to its new supplier of the sedative pentobarbital was a condition of its purchase.

The decision to keep details about the drugs and their source secret puts the agency at odds with past rulings of the state attorney general’s office, which has said the state’s open records law requires the agency to disclose specifics about the drugs it uses to carry out lethal injections.

“We are not disclosing the identity of the pharmacy because of previous, specific threats of serious physical harm made against businesses and their employees that have provided drugs used in the lethal injection process,” said Texas Department of Criminal Justice spokesman Jason Clark.

The dispute in the state that executes more inmates than any other comes as major drugmakers, many based in Europe, have stopped selling pentobarbital and other substances used in lethal injections to US corrections agencies because they oppose the death penalty.

Until obtaining its new supply from the unknown provider, Texas only had enough pentobarbital to continue carrying out executions through the end of March. The announcement comes a day after Oklahoma postponed two executions for a month because it had run out of its own supply of drugs.

Such legal challenges have grown more common as the drug shortages have forced several states to change their execution protocols and buy drugs from alternate suppliers, including compounding pharmacies that are not as heavily regulated by the US Food and Drug Administration as more conventional pharmacies.

Texas prison records examined by the AP show the state also has a supply of the painkiller hydromorphone and sedative midazolam, the drugs chosen earlier this year by Ohio to conduct its executions when they lost access to pentobarbital.

But in their first use in January, Ohio inmate Dennis McGuire made gasp-like snoring sounds for several minutes during his 26-minute execution. His family later sued, alleging their use was cruel and inhuman.

Alan Futrell, an attorney for convicted murderer Tommy Sells, whose scheduled 3 April execution would make him the first to be put to death with Texas’ new drug supply, said the issue could become fodder for legal attempts to delay his client’s sentence. “This might be good stuff,” he said. “And the roads are getting very short here.”

But Richard Dieter, executive director of the Washington DC-based Death Penalty Information Center, an anti-capital punishment organization, said it was doubtful that Texas would get to a point where a lack of drugs led officials to fully suspend capital punishment. “There are a lot of drugs, and Texas can be creative in finding some,” he said.

Texas’ current inventory of pentobarbital, the sedative it has used in lethal injections since 2012, will expire 1 April. The state has scheduled executions for six inmates, including one set for Wednesday evening and another next week.

Those two will be put to death with the previous stockpile purchased last year from a suburban Houston compounding pharmacy, Clark said. The new batch of drugs presumably would be used for three Texas inmates set to die in April, including Sells, and one in May.

Sixteen convicted killers were executed in Texas last year, more than in any other state. Two inmates already have been executed this year, bringing the total to 510 since capital punishment in Texas resumed in 1982. The total accounts for nearly one-third of all the executions in the US since a 1976 supreme court ruling allowed capital punishment to resume.

The AP filed an open records request in February seeking details about the drugs Texas planned to use to carry out executions. The AP received the documents on Tuesday, but in following up with Clark about their contents, he said they were moot as the state had secured the new batch of pentobarbital.

Clark then refused to provide more details about the drugs, including how much the state has purchased and from where, and when the new drugs expire. He also refused to say whether the drugs would need to be returned if the attorney general’s office rules the provider must be disclosed. “I’m unable to discuss any of the specifics. Other states have kept that information confidential,” he said.

Policies in some states, like Missouri and Oklahoma, keep the identities of drug suppliers secret, citing privacy concerns.

Clark, in refusing AP’s request to answer any specific questions about the new batch of drugs, said after prison officials identified the suburban Houston compounding pharmacy that provided its existing supply of pentobarbital, that pharmacy was targeted for protests by death penalty opponents. It sought to have Texas return the pentobarbital it manufactured, and prison officials refused.

Texas law does not specifically spell out whether officials can refuse to make the name of drug suppliers public, but Texas attorney general Greg Abbott’s office has on three occasions rejected arguments by the agency that disclosing that information would put the drug supply and manufacturers at risk.

In a 2012 opinion, his office rejected the argument that disclosing the inventory would allow others to figure out the state’s suppliers, dismissing the same kind of security concerns raised this week.

“Upon review, while we acknowledge the department’s concerns, we find you have not established disclosure of the responsive information would create a substantial threat of physical harm to any individual,” assistant attorney general Sean Opperman wrote.

Clark said the prison agency planned to ask Abbott to reconsider the issue. “We’re not in conflict with the law,” Clark said. “We plan to seek an AG’s opinion, which is appropriate in a situation like this, and the AG’s office will determine whether it’s releasable.”

When contacted by the AP and made aware of prisons department’s refusal to name the drug supplier, Abbott spokeswoman Lauren Bean said the attorney general would consider the request once it’s received.

(theguardian)

TEXAS -Brandon Daniel transferred to Death Row


March 11, 2014

AUSTIN  — A week to the day that a jury sentenced Brandon Daniel to death by lethal injection for the April 2012 killing of Senior Austin Police Officer Jaime Padron, officials transferred him to Death Row.

Texas Department of Criminal Justice officials confirmed Daniel is in the Polunsky Prison in Polk County, Texas, after authorities transferred him on Friday.

Jurors — 10 women and two men — found Daniel guilty of capital murder after more than eight hours of deliberations and nine days of testimony.

“You are a coward and I hope you rot in hell,” Johnny Padron, Jaime’s older brother, said in a brief statement to Daniel following the sentence.

Amy Padron, Jaime’s ex-wife, also took the stand after the sentence was handed down, giving an emotion-packed speech where she read letters from her 8 and 12-year-old daughters.

“You made me cry,” one of the letters read. “Now it is your time to cry in prison for the rest of your life.”

“There are so many things you took away,” Matt Baldwin said to Daniel. Baldwin was Padron’s old partner in San Angelo. “I don’t know why you did it. I don’t care. So many lives were destroyed by what you did.

“Any moments of fame you may think you had, I want you to know that you lost,” Baldwin added. “You confirmed Jaime was the winner. Jaime was the hero.”

The weight of the jury’s life-or-death decision was not lost among those in the courtroom.

“You guys had a very difficult task. Your lives will never be the same from here on out,” Linda Diaz, Jaime’s sister, said to the jury. “You were doing your job. Please don’t carry this on your shoulders. You followed the instructions you were given.”

Daniel was remanded into custody to be transferred to The Texas Department of Criminal Justice.

Prosecution’s closing arguments

“He is a future danger, and there is not one good reason not to sentence him to death,” said prosecuting attorney Bill Bishop, ending his argument.

Before closing, Bishop told jurors everything that can be considered to Daniel’s benefit came from him — adding that all of the defense experts only got their information from Daniel himself.

“It cannot be trusted. It is all his grand design,” said Bishop, referencing Daniel trying to find a Xanax and Ambien defense while in jail. “He laid out the clinical words he was supposed to say but he could not explain them.”

Bishop went on to say that Daniel gets his self-worth by taking pictures of himself with a gun, blowing a hole in his ceiling and taking a picture of the damage. Yet, Bishop pointed out that Daniel’s motive for having that gun on April 6, 2012, is still a mystery.

“For 22 months, he has pondered upon that and still cannot give an explanation as to why he took a loaded .380 to Walmart,” said Bishop. “You take a loaded .380 to Walmart to kill somebody, and that is what he did.”

Bishop said Daniel’s intention was not escape or to run away the morning of April 6, 2012.

“His intention was far more sinister,”-said Bishop, describing Daniel readying his weapon as he ran. “This is someone who gains his self-worth through evil that he has done.”

Bishop went on to describe Daniel’s fascination with Columbine and the Boston Marathon bombings.

The life of Jaime Padron was remembered by Assistant District Attorney Gary Cobb.

“In our society, we are critical of police until we need police,” said Cobb who reminded the jury about Padron’s military service in the Marines and his desire to serve the community.

Cobb called the shooting “A cold-blooded assassination” and said Jaime Padron’s two daughters already will be paying a price for the rest of their lives. He said a sentence of life in prison would force them to pay again. In a letter from jail, Daniel wrote he was “living the dream, retired at age 25.” In the patrol car ride after the shooting, he said he at lease would not have to work or pay for food.

“The man murdered your father in cold-blood and you will, as an adult when you start paying taxes, will pay for his room and board,” said Cobb as he posed the scenario. “If that is what passes for justice in this community, we should tear that flag down and blow up this courthouse, because it is wrong.”

Defense’s closing argument

Brad Urrutia took the floor for defense, talking about the Texas sentencing law.

“The next time he leaves prison will be in a coffin,” he said.

Urrutia said Daniel is going to a place where hardened criminals go to do time, not a club with a pool or tennis courts. In addition, Urrutia told the jury there is a pattern of the state trying to deceive the jury.

“They aren’t lying to you,” he said. “They are just trying to hide the truth.”

Urrutia said the alleged list that Daniel kept with jailers’ name on it doesn’t exist or else it would have been introduced as evidence. He continued to say that with all the talk about coded letters, the state never disclosed that, decoded, the letter said, “I love you, mom.”

Urrutia continued on during closing arguments to tear into inmate informant Louis Escalante’s testimony.

“You can’t trust a word that man says,” said Urrutia. “He is a liar … They [the prosecution] got in bed with Mr. Escalante and had to live with his fleas.”

He questioned: “They [the state] wants you to take a man’s life, and they bring you that kind of evidence to do it? … You really, really, should demand better evidence from your DA. It should not be half-truths and innuendo.”

Russell Hunt said Daniel’s life can still produce positives even behind prison walls. He mentioned Daniel’s intelligence and potential that allowed him to become a software engineer at Hewlett-Packard and develop programs still being used today.

“Brandon Daniel has expressed remorse and has responded to psychiatric medication in jail,” Hunt said about the prospect of Daniel’s future in prison.

Daniel’s sister has been sitting two rows behind the defense table for the entire trial and has spent much of it crying. His family may also be considered a mitigating factor.

“This person has value. He has value to others and is loved by others for  a reason.”

kxan.com

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.

As Execution Nears, Plano Road-Rage Killer Claims Inhumane Treatment, Neglects to Mention He Tried To Tear Phone From Wall


feldmandouglas2.jpg

Barring a stay of execution, Douglas Feldman is scheduled to die in nine days. His petition for a state writ of habeas corpus based on ineffective assistance of counsel has gone nowhere. He claims his trial attorney failed to investigate the role his alleged bipolar disorder played in the murders. Now he’s running out of road, but Feldman is in no hurry to become the 503rd Texas inmate to meet the end. So, he filed his own petition with a federal district court last week.

It’s handwritten and a little messy, but Feldman is no dummy. His petition is also lucid and articulate. He was, after all, once a financial analyst. Then, in 1998, he was out for a night ride on his Harley when he claimed an 18-wheeler nearly ran him off the road. He gunned his motorcycle alongside the truck and emptied his clip into the cab, killing Robert Everett, the driver.

On his way home, he pulled off at an Exxon fueling station and shot tanker driver Nicholas Velasquez in the back. A week later, he shot Antonio Vega outside of a Jack-in-the-Box because he was standing next to a big rig. A jury sentenced him to die. Last year, the 5th U.S. Circuit Court of Appeals declined to vacate his death sentence. Earlier this year, he wrote a letter to Gawker, pondering the sociological inequities he’d identified on death row and requesting “LSD Hydrate” to help him cope with some heavy existential anxiety.

Now, he’s taking a run at the federal district court himself and claiming some abhorrent treatment in the Polunsky Unit. Among other things, he says he’s had his head shaved, been subject to round-the-clock searches, been forced to sleep naked on the bare concrete floor and been denied toilet paper. All of this, he claims, without having been “convicted of any disciplinary offense.”

But Unfair Park reached out to the Texas Department of Criminal Justice and was just stunned to discover that Feldman isn’t exactly Nelson Mandela. About a month ago, he granted an interview to a reporter. Before it could begin, TDCJ spokesman Jason Clark says, the inmate tried to tear a telephone from the wall.

Feldman, Clark says, has a lengthy disciplinary history. He’s been caught with a razor, which officers believed could be used as a weapon. He has filled bottles in his cell with feces and urine. He has “attempted to assault a corrections officer by slipping out of his cuffs.”

Clark couldn’t comment on Feldman’s pending litigation.

dallasobserver.com

Scheduled Executions in Texas


By On July 17, 2013

Texas has passed 500 executions in the modern era since the 1976 U.S. Supreme Court ruling that the death penalty was constitutional. Texas conducted its first execution after the ruling in 1982.

To express your opposition to any execution, you can contact Governor Rick Perry’s office at 512 463 2000. If you call after business hours, you can leave a voice mail message. During business hours, someone should answer the phone. You can also send a message using a form on Perry’s official website.

503) Douglas Feldman, July 31, 2013

TDCJ Info on Feldman

Letter from Feldman to Gawker.com

504) Robert Garza, September 19, 2013 (Law of Parties case)

TDCJ Info on Garza

505) Arturo Diaz, September 26, 2013

TDCJ Info on Diaz

506) Michael Yowell, October 9, 2013

TDCJ Info on Yowell

507) Rigoberto Avila Jr, January 15, 2014

TDCJ Info on Avila, Jr

Young Killers in Texas Await Change in Mandatory Life Sentences


NEW BOSTON, Tex. — Scottie Forcey nervously drummed his fingers behind the thick glass in the Telford Unit’s visiting room as the camera shutter snapped, capturing images of the 21-year-old convicted murderer.

“I want some pictures. I ain’t seen myself in like” — he paused to count on his fingers — “five years. I know I look different. Check it out.” He pressed his prison ID card against the glass. In the photo, a plumper, baby-faced 17-year-old stared at the camera.

Mr. Forcey was convicted in 2009 of fatally shooting Karen Burke, a 52-year-old Alvarado convenience store clerk. He is the youngest of 23 Texas Department of Criminal Justice inmates who received mandatory sentences of life without parole for committing capital murder when they were younger than 18.

Now, as legislators work to comply with a United States Supreme Court ruling, those inmates could become eligible for parole after serving 40 years.

The justices ruled last year that sentences of life without parole for 17-year-old murderers violated the constitutional ban on cruel and unusual punishment. Either the courts or Gov. Rick Perry could change such sentences in Texas. But both are waiting for legislators to decide what punishment juveniles like Mr. Forcey should face. Lawmakers, who failed to pass legislation in two sessions this year, are trying now for a third time.

In Texas, 17-year-olds have faced the same sentencing options as adults convicted of capital murder: the death penalty or life without parole. In 2005, the Supreme Court prohibited the death penalty for anyone under 18, deciding that the less-developed brains of juveniles rendered them less culpable. That left only life without parole as the punishment for 17-year-olds.

After the court’s decision last year, in Miller v. Alabama, prosecutors said they had no sentencing options for 17-year-old killers. They asked lawmakers to make them subject to the same punishment Texas law requires for 14- to 16-year-old capital murderers: life with parole eligibility after 40 years.

Lance Long, a Harris County assistant district attorney, recently told lawmakers that until they decided on a sentencing option, such murder trials were being delayed across Texas.

“None of these cases are anything but very, very, very serious,” Mr. Long said.

The Texas Senate’s Criminal Justice Committee has approved a bill that would require a sentence of life with parole eligibility after 40 years. The House, however, has indicated it wants to give juries the option to sentence 17-year-olds to life without parole if other factors — like evidence of abuse or mental illness — are considered.

In previous sessions this year, both chambers approved bills addressing the sentencing question, but time ran out before they could get final approval.

Mr. Perry has told prosecutors that when lawmakers decided on a new sentencing bill, he would consider recommending commutation for inmates like Mr. Forcey who were sentenced under the old law.

“It really only seems fair and just,” said Justin Wood, the legislative liaison for the Harris County district attorney’s office in Houston.

Mr. Forcey, meanwhile, contends that he did not pull the trigger in Ms. Burke’s murder in 2008. He said he was targeted because he ran with the wrong crowd.

Now, he said, “I wouldn’t put myself in that situation.”

Mr. Forcey has spent most of the last four years in isolation, punishment for fights he said were constant when he first arrived.

“I grew up back there,” he said.

Asked about the possibility that his sentence could be commuted, Mr. Forcey was ambivalent. Forty years, he said, is too long.

Then a wide smile spread across his face. He figures he will be out by December. Mr. Forcey spent those years in isolation researching his case, he said, and plans to file an appeal.

“My mind’s already set,” he said. “I’m going home — wherever home is.”

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)

Kimberly McCarthy put to death in 500th Texas execution since 1982


june 26,2013

Last Statement:

I just wanted to say thanks to all who have supported me over the years: Reverend Campbell, for my spiritual guidance; Aaron, the father of Darrian, my son; and Maurie, my attorney. Thank you everybody. This is not a loss, this is a win. You know where I am going. I am going home to be with Jesus. Keep the faith. I love ya’ll. Thank you, Chaplain.

She was pronounced dead at 6:37 p.m. CDT, 20 minutes after Texas prison officials began administering a single lethal dose of pentobarbital.

Original post 2:43 p.m.:

HUNTSVILLE – Kimberly McCarthy has arrived at the Texas prison nicknamed “the Walls Unit” where she is expected to be executed tonight for the 1997 murder of Dorothy Booth in Lancaster.

Dorothy Booth

McCarthy will be the 500th person executed in Texas since the death penalty was reinstated.

McCarthy’s trip to the death chamber is being treated no differently by the prison system than the one before it or the one that will come next. But McCarthy’s execution is gaining more outside attention because of the milestone.

“We are treating this execution as we do all the others,” said John Hurt, director of public information for the Texas Department of Criminal Justice. “We realize that there will probably be more interest from the public than usual, but we expect the McCarthy execution to proceed in the same manner as any other.”

McCarthy can meet with her spiritual adviser and attorney before the execution, which is scheduled for around 6 p.m. No appeals are pending, so the execution by lethal injection is expected to take place, barring unforeseen circumstances.She will also speak to the warden about what will happen to her body and who is witnessing the execution. She can make telephone calls to say goodbye.

Kimberly McCarthy is scheduled to be executed Wednesday for the murder of her neighbor, Dorothy Booth. If the execution is carried out, she will be the 500th person executed in Texas since they death penalty was reinstated.

She has been given a new white prison uniform and can eat the same meal offered to all other inmates: pepper steak, mashed potatoes with gravy, mixed veggies and white cake with chocolate icing.

“And she will walk unrestrained into the execution chamber,” said Jason Clark, a public information officer with the prison system.

Her execution is expected to be witnessed by the family, of Booth, a retired college professor.

Texas has carried out nearly 40 percent of the more than 1,300 executions in the U.S. since the Supreme Court allowed capital punishment to resume in 1976. The state’s standing stems from its size as the nation’s second-most populous state as well as its tradition of tough justice for killers.