SKK 

 

  

  

 
 
 

NCADP   
1436 U Street,   
NW Suite 104   
Washington DC    
20009   

888-286-2237   
[email protected] 

 
 
 

   
National Execution Alert
November 2000 
 

Federal 

David Paul Hammer (federal)  stay of execution
November 15, 2000 
“I don’t live in here. I exist.” David Paul Hammer has waived his appeals and requested to be executed which could make him the first prisoner to be executed by the federal government since 1963. 
David has changed his mind several times about whether to waive his appeals or not. Now the question being debated is whether the Federal Death Penalty Statute permits an appeal to be waived. Most states require automatic mandatory appeals of a death sentence. 
David Paul Hammer was sentenced to 1,232 years in prison and received the death penalty for the April 13, 1996 murder of his cell mate Andrew Marti in a federal prison in Pennsylvania. 
The prosecutor in David’s case, Frederick E. Martin, was given an award by U.S. Attorney General Janet Reno for “the first successful (federal) death penalty case prosecution in Pennsylvania of a murder case.” 
A recent study published by the U.S. Justice Department showed racial and geographic disparities in the imposition of the federal death penalty which has lead to increasing demands for a federal death penalty moratorium. 
David who once used a prison employee’s credit card to send flowers to the warden says, “I don’t believe in the death penalty. I know it does not serve as a deterrent. I know it is racially discriminatory, and not only racially but also poor people and what part of the country you’re from…I believe there are innocent people on death row.” 
As a young person David attempted to seek help for his mental difficulties that all jurors believed were the product of his violent, abusive and chaotic childhood. 
David was sexually, physical and emotional abused by his parents. He was forced to stay under a running shower and to kill a beloved dog with a shotgun. Documents of the University of Oklahoma Outpatient Psychiatric Clinic shows David, then 14 years-old, reported having been sexually molested by an older man and expressed fears that he was going crazy. The parents were informed that David’s problems were serious and should be treated but they did not act and David did not receive treatment. The documents name a number of mental diseases David was suffering from, including “depression, suicidal ideation, recurrent suicidal and homicidal ideation, impulsive anger and drug abuse, …delusions and hallucinations, borderline schizophrenic and schizoid personality” 
Robert Sadoff, a forensic psychiatrist, testified at trial that David was also suffering under Dissociative Identity Disorder (DID) which is described as a serious mental disease or defect that is capable of interfering with an individual’s understanding of the nature and quality of his actions.  One strong disposing factor to DID is childhood trauma. 
David’s execution date is set for November 15, 2000. A protest march is planned from November 10-14, going from Indianapolis to Terre Haute, Indiana the place of the federal death row. 
 

For information about the march call:  
 

-Indiana Citizens to Abolish Capital Punishment (ICADP) (317) 466-7128 
 

-Citizens United for Alternatives to the Death Penalty (CUADP) 800-973-6548 
 
 

Please Contact 
 
The Hon. William J. Clinton 
President of the United States 
Re: Clemency for Paul Hammer 
The White House 
1600 Pennsylvania Avenue, N.W. 
Washington, D.C. 
fax: (202) 456-2461 
e-mail: [email protected] 
 
David Paul Hammer 
# 2450277 
Federal Death Row Unit 
PO Box 33 
Terre Haute, Indiana 47808 
 
 

Arizona  

Don Jay Miller (AZ)    executed 
Nov. 8, 2000…3:00pm (EST) 
“This is what’s going to put you in the gas chamber one day,” said the judge, looking at the television cameras and not at Don Miller as he held up a bag of hair belonging to the victim. He argued that Don Jay Miller had pulled the hair from the victim, which would make the murder “heinous and depraved,” an aggravating circumstance needed to impose the death penalty in Arizona. The hair was later found to be cut not pulled from the victim’s head. 
Don Jay Miller was convicted for his involvement in the 1992 murder of Jennifer Geuder. Jennifer’s boyfriend, Anthony Luna, wanted to avoid the monthly $ 50 child support payment he had to provide Jennifer for their one year-old son and decided to kill her. Anthony had asked Don to help kill her. When Anthony came to Don’s trailer, Don was intoxicated by alcohol and narcotics. He had been begin drinking since the age of ten. Both men kidnaped the victim and Anthony finally shot her. Don later shot her too but argues that the victim was already dead. 
Why was the judge pressing for the death penalty while the mastermind of the murder received life imprisonment? 
First, the victim’s parents didn’t want to have the father of her child’s son to be executed and were lobbying for Don’s death instead. 
Second, several statements show that the judge was predisposed towards the imposition of the death penalty. At several points prior to the conviction he expressed  his belief that the death penalty would be the only fitting punishment in this case. Clearly influenced by victim impact statements the judge should have been recused from trial. 
Third, according to Don’s trial lawyer Rick Lugee, one of the judge’s clerks was involved in a business deal with tennis-star Andre Agassi. For unknown reasons, the clerk wanted Don to get the death sentence and offered the judge to be involved in the deal if he imposed the death penalty. For his own financial interest the judge agreed. When the Arizona Bar Association started to investigate the case the judge resigned. 
Why were these issues never addressed on further appeals? 
Don, who was sexually abused as a child and who is remorseful of his involvement in the murder, has volunteered to be executed and is not allowing his lawyers to pursue further appeals. Having a history of depression, his mental state was exacerbated by the transfer of Arizona’s death row from a traditional maximum security cell block to the Special Management Unit 2. As a death row inmate he is subjected to look down for 24 hours a day, seven days a week with three showers a week plus three one- hour exercise periods in a cage. Access to religious resources and visitations are limited and the inmates are exposed to pepper spray through the ventilation system. 
His depression has become so severe that he requested mental health treatment. The request was denied with the explanation that it is natural to feel depressed on death row. 
Don’s execution date falls at a time when a commission appointed by the State Attorney is reviewing Arizona’s policies and procedures around the death penalty. 
 

Please Contact 
 
Governor Jane Dee Hull 
1700 West Washington 
Phoenix, AZ 85007 
phone: (602) 542 4331 
fax: 602-542-1381 
e-mail: [email protected] 
www.governor.state.az.us 
 
Pardon/Parole Board 
Board of Executive Clemency 
1654 W. Jefferson 
Suite 326 
Phoenix, AZ 85007 
phone: 602-542-5656 
fax: 602-542-6580 
 
Arizona Republic 
PO Box 2245 
Phoenix, AZ 85002 
phone: (602) 444 8222 
fax: (602) 444-8044 
web: www.azcentral.com 
 
Arizona Daily Star 
PO Box 26807 
Tucson, AZ 85726 
phone: (520) 573 4142 
fax: (520) 573 4107 
For More Information 
 
Coalition of Arizonians to Abolish the Death Penalty 
P.O. Box 42465 
Tucson, AZ 85733-2465 
contact: Ann Nichols 
phone: (520) 884 5507 (ext.12) 
fax: (520) 57 8683 
e-mail: [email protected] 
 
 

Delaware  

Dwayne Weeks (DE)    executed
Nov. 17, 2000…12:01am (EST) 
Dwayne and Gwendlyn Weeks were married for nine years when their relationship broke down. Gwendolyn moved out and asked for a divorce. In April 1992, after receiving the divorce papers, Dwayne and a friend of his, went to Gwendolyn’s new apartment where they found her together with a visitor named Graig Williams. Both, Gwendolyn and Graig, were shot. 
Arthur Govan, the second person involved in the murder, testified aginst Dwayne and was sentenced to life in prison. Badly counseled, Dwayne agreed to a guilty plea with no sentencing reduction in reward. After pleading guilty he was sentenced to death. 
 

Please Contact
 
Governor Tom Carper 
820 N. French Street 
Wilmington, DE 19801 
phone: (302) 577 3210 
fax: (302) 577 3118 
e-mail: [email protected] 
web: www.state.de.us/governor/index.htm 
 
Pardon/Parole Board 
820 N. French Street 
5th Floor Carvell Office Building 
Wilmington, DE 19801 
phone: (302) 577 5233 
fax: (302) 577 3501 
web: www.state.de.us/parole 
 
The News Journal 
P box 15505 
Wilmington, DE 19850 
phone: (302) 324 2852 
fax: (302) 324 5509 
e-mail: [email protected] 
www.delawareonline.com 
 
Delaware State News 
PO Box 737 
Dover, DE 19903 
phone: (302) 741 8229 
fax: (302) 741 8252 
e-mail: [email protected] 
web: www.newszap.com 
 
 

Missouri  

James Chambers (MO) – W/W   executed
Nov. 10, 1999…1:01am (EDT) 
It was a bar fight. Both men were drunk and combative. Tragically, one of them died on September 5th, 1982. James Chambers was charged with the first degree murder of Lee Oestricker and is now facing the death penalty. 
The punishment of death is disproportionate to the circumstances of the case. There has only been one other case in modern times where an American jury has given the death penalty to a defendant who killed someone in a bar fight and that death sentence was overturned as disproportionate to the crime. 
At trial, an eye-witness testified that Oestricker hit and stabbed Chambers, knocking him to the ground. As the massive Oestricker advanced on the fallen man, James took out his gun and shot to protect himself. The eye-witness testified that James’s decision to pull the gun was at least “reasonable” given the heated nature of the argument, the difference in size between the antagonists, and James’s belief that he was in grave danger. Despite this, the judge prohibited the jury from considering a self-defense argument. 
The trial judge also refused to allow Chambers to present all of the mitigating factors in his case. The Court held “that listing non-statutory mitigating factors is not constitutionally required.” 
One factor never examined by the jury was James Chambers’s mental capacity. A childhood injury that included severe head trauma left James with an IQ of 78. He has been diagnosed as “borderline mentally retarded.” 
 

What you can do 
 
Gov. Mel Carnahan 
State Capitol, Box 720, 
Jeffersson City, 
MO 65101 
573-751-3222-phone 
(in Kansas City) 889-3186 
(in St. Louis) 340-6900 
573-751-1495-fax 
[email protected] 
 
St. Louis Post-Dispatch 
900 E. Tucker Blvd. 
St. Louis, MO 63101 
(314) 340-8000 (phone) 
(314) 340-3050 (fax) 
[email protected] 
 
Kansas City Star 
1729 Grand Av. 
Kansas City, MO 64108 
(816) 234-4141 (phone) 
(816) 234-4926 (fax) 
[email protected] 
 
News Tribune 
P.O. Box 420 
Jefferson City, MO 65102 
(573) 636-3131 (phone) 
(573) 636-7035 (fax) 
[email protected] 
 
Candlelight vigil 
outside the Potosi prison, 
11:00pm-12:01am 
near front gate, Potosi Corr. Facility, Hwy O 
just off Hwy 8, south off Hwy 21, or I-55 to Hwy 67 (Bonne Terre exit) south to Hwy 8 west. 
CANCELLED IF COMMUTATION OR STAY. 
 For update call 314-725-7527 or 516-6864, 816-756-0911, 573-635-7239, 573-254-3993. 
Or check: 
http://communities.postnet.com/ 
stlouis/emcadp 
 
 

North Carolina  
 
Michael Earl Sexton (NC)    executed 
Nov. 9, 2000…2:00am (EST) 
The murderer was black, the victim was white. Michael Earl Sexton was convicted of the August 8, 1990 murder of Kimberly Crews. His execution is scheduled 26 hours after the November 7 presidential election and while a legislative study about the racial disparities in the application of the death penalty in North Carolina is pending. 
According to a September 2000 study by the Charlotte Observer, black defendants who kill whites are three times more likely to face execution. The Observer study found that during the past decade, “just 40 percent of all murder victims in the Carolinas are white, but in cases of inmates now on death row, nearly 70 percent of the murder victims were white.”  The Observer concluded in an editorial, “minority defendants start out with an intolerable and indefensible disadvantage compared to white defendants” (9/13/00). 
Several black jurors were excluded from trial, leaving just one African-American in a jury of twelve. The prosecutor objected to a juror because of the “the way he was dressed.”The prosecutor further noticed that this juror wore an earring and concluded that he was not “not mature” despite the fact that the juror was married, a father of two, and had lived in the same address for a number of years.  The prosecutor objected to another juror because he did not maintain eye contact and “was not forthcoming.” On the other hand, several white jurors who expressed their belief that every murderer should get the death penalty were allowed to stay on the jury. 
Michael, who is remorseful for his actions, says the defense forced him during trial to testify, which clearly helped the prosecution but not the defendant who now claims ineffective assistance of counsel. 
When Michael was a child his father died in a car accident. He was left in the care of his mother who had one abusive, live-in boyfriend after another. When he was 13 years-old, he was picked up on the street after his mother abandoned him. 
After being picked-up he was sent to a training school but was not accepted there “because he was not violent enough.” Instead, Michael was placed in an orphanage. While there, he tried to escape several times and began to grow violent. He was later found to have a borderline personality disorder that leads to impulsiveness. 
 

Marcus Carter (NC)-B/B  commuted to life in prison
Nov.22, 2000…2:00am (EST) 
In 1991, Marcus was tried for first degree murder of Amelia Lewis in Wayne County, NC. At this proceeding, Marcus was represented by counsel. After all of the evidence was in, the State was unable to convince the jury that Marcus was guilty beyond a reasonable doubt. The jury deadlocked after eight days of deliberations and the judge declared a mistrial. 
Five months later, Marcus was retried. In the five months between the two proceedings, trial counsel did not see Marcus. During this time period, the State extended a plea offer to Marcus. The plea agreement would have spared Marcus the death penalty. However, trial counsel never discussed the plea offer with Marcus. 
Counsel for Marcus now maintain that they were dismissed by Marcus after the mistrial and that they did not represent him during the five months prior to retrial. However, counsel never informed the court that they no longer represented Marcus. Nor did they tell the prosecutor that they were no longer in a position to relay the State’s plea offer to Marcus. 
On the first day of his retrial, Marcus asked the court to appoint new attorneys. He told the judge that he would take any two lawyers from the court-appointed list. Macus explained that he wanted new counsel because he had not seen his attorneys in five months and that they had not discussed strategy or witnesses with him. He also told the judge that when he asked his attorneys what they had done and what they intended to do about the case, they told him to “shut up and sit down.” The trial judge refused to give Marcus new lawyers. Instead, he suggested that Marcus represent himself. Faced with the unattractive prospect of going forward with counsel who had not consulted with him about his defense, Marcus represented himself. 
During jury selection, the prosecutor capitalized on Marcus’ lack of counsel and corresponding vulnerability. The prosecutor told jurors that Marcus was representing himself in a “maneuver” designed to “gain the sympathy” of the jury so they would not return a death sentence against him.. 
Also during jury selection, the prosecution excused five African-American jurors. The jury that ultimately sat on his case was all white. 
Marcus Carter was born in Korea, the child of a Korean woman and an African-American soldier stationed in the country. His mother gave him up for adoption, in part because of the stigma attached to biracial children. He never finished high-school. When asked by the press if he believed Marcus could handle his own case effectively, one of Marcus’s dismissed attorneys said that, obviously, a lay person does not understand the law as well as an attorney. News stories from the trial suggest that Marcus was unable to follow the proceedings as he appeared to doze off during the trial. 
The State’s evidence against Marcus was circumstantial. Police investigators found unknown hairs on the victim’s body. These hairs were Caucasian. Marcus is Asian and African-American by race. Fingernail scrapings from the victim were compared with fiber samples from Marcus’s sweatshirt. DNA comparisons provided no positive identification. The State Bureau of Investigation’s DNA testing could not determine whether the blood was from Marcus or from the victim. 
Despite the State’s weak case, Marcus was convicted of first degree murder. Once he was convicted, Marcus asked for help in the sentencing hearing. Counsel jumped into the case unprepared, not surprisingly, Marcus was sentenced to death. 
The courts consistently declined to examine the circumstances under which Marcus ended up fighting for is life with no legal training. His state post-conviction appeal was denied without a hearing. The presiding judge spent less than one hour reviewing the 300-page record before signing verbatim the State’s proposed order. The federal courts, although “deeply troubled” by the short shrift given Marcus’s claims, declined to intervene. 

(note: This alert was provided by  People of Faith Against the Death Penalty) 
 

Please Contact 
 
Governor Jim Hunt 
Governor’s Office 
20300 Mail Services Center 
Raleigh, NC 27699-0300 
phone: (919) 715 1695 
fax: (919) 733 2120 
e-mail: [email protected] 
 
Attorney General Mike Easley 
PO Box 629 
Raleigh, NC 27602 
phone: (919) 716 6400 
fax: (919) 716 6750 
e-mail: [email protected] 
 
The News & Observer 
215 South McDowell Street 
Raleigh, NC 27602 
phone: (919) 829 4500 
fax: (919) 829 45 29 
web: www.newsobserver.com 
 
Winston Salem Journal 
PO Box 3159 
Winston-Salem, NC 27102 
phone: (336) 727 7211 
fax: (336) 727 7315 
e-mail: [email protected]  web: www.journalnow.com 
 
Demonstration 
10/28 Saturday Rally & March For An Immediate Moratorium On Executions Raleigh, NC, 
October 28, 2000 
Noon 
 
For More Information 
 
People of Faith Against the Death Penalty 
157,5 East Franklin Street 
Chapel Hill, NC 27514 
contact: Stephen Dear 
phone: (919) 933 7567 
fax: (919) 933 6868 
e-mail: [email protected] 
web:http://www.netpath.net/~ucch/pfadp/ 
 
North Carolinians Against the Death Penalty 
1008 Lamond Avenue 
Durham, NC 27701 
contact: Geoffrey Mock 
phone: (919) 681 4514 
fax: (919) 688 1723 
e-mail: [email protected] 
 
 

Pennsylvania  

Daniel Saranachak (PA)-W/2W    stay of execution
November 8, 2000…10:00pm (EST) 
Daniel was already declared dead. Once more he tried to end a life defined by alcoholism and mental illness. But this suicide attempt would fail too. He was revived in the hospital. 
Four years later, on October 16, 1993, Daniel killed his uncle and his grandmother in what he described as a secret military mission. 
Daniel is now volunteering for execution. 
At eight months-old, Daniel was beaten by his alcoholic father so bad that his eyes were blackened. Later he would show psychotic behavior. A twelve year-old Daniel became an alcoholic and at the age of fifteen he would frequently drank from 10:00am till 3:00am the next morning. 
Daniel had a strange military obsession. He would eat the bark of trees and when asked about it he would say he is on a military mission. He was placed in a special class for socially and emotionally disturbed children were he refused to take his coat off. 
During the murder trial, his defense counsel, Kent Watkins, failed to competently investigate his diminished capacity. His lawyer did not do the following: 
-investigate the level of intoxication at the time of the crime 
-investigate Daniel’s history of severe alcoholism 
-investigate Daniel’s mental health history including the traumatic events of his childhood 
-call mental health experts 
As a matter of fact, mental health expert, Dr. Robert Fox stated: 
 “it is my opinion with a reasonable degree of medical certainty that Mr. Saranchak was psychotic at the time of the offense…Given that he was acting as a result of his delusional belief that he was on a military mission. It is my opinion that he did not know right from wrong at the time of the offense. It is further my opinion that he did not act in a deliberate and premeditated fashion, given that his actions were the result of his delusion rather than any logical or coherent thought process.” 
Daniel may not face execution today if his layer had not ignored this mitigating evidence. 

 
Please Contact
 
Governor Tom Ridge
225 Main Capitol
Harrisburg, PA 17120
phone: (717) 787 2500
web: http://sites.state.pa.us/PA_Exec/Governor/organization.html
mail: http://sites.state.pa.us/PA_Exec/Governor/govmail.html
 
Pennsylvania Board of Pardons and Paroles
1101 South Front Street
 Suite 5100
Harrisburg, PA
17104-2571
contact: William Ward
phone: (717) 772 3135
web: http://sites.state.pa.us/PA_Exec/PBPP/
 
Philadelphia Daily News
P.O. Box 8263
Philadelphia, PA 19130
phone: (215) 854 2000
fax: (215) 854 5910
web: www.phillynews.com
e-mail: [email protected]
 
Philadelphia Inquirer
P.O. Box 8263
Philadelphia, PA 19130
phone: (215) 854 2000
fax: (215) 854 5099
e-mal: [email protected]
web: www. phillynews.com
 
The Patriot News
P.O. Box 2265
Harrisburg, PA 17105
phone: (717) 255 8100
fax: (717) 2558456
e-mail: [email protected]
 
For More Information
 
Pennsylvania Abolitionists United Against Death Penalty
P.O. Box 58128
Philadelphia, PA 19102
contact: Jeff Garris
phone: (215) 724 6120
fax: (215) 387 5280
e-mail: [email protected]
 
Amnesty International State Death Penalty Abolition Coordinator
505A Harwood Ct.
Mount Laurel, NJ 08054
contact: Phyllis Pautrat
phone: (215) 427 5800 (ext. 3022)
fax: (215) 427 5773
e-mail: [email protected] 
 

 
South Carolina 

Kevin Dean Young B/?   executed  
November 3, 2000…6:00pm (EST) 
James Mann was a former prosecutor who claimed to have sent more defendants to the electric chair than any other prosecutor in the United States. He was also the attorney of Kevin Dean Young during his murder trial in 1989 and his task was to defend Kevin against the murder charge and attempt to avoid a death sentence. 
Kevin’s case is another example of both ineffective legal representation for poor defendants and the racial disparities in the implementation of the death penalty. 
Kevin was charged with the 1988 murder of Dennis Hepler. During the trial process James Mann did not coordinate his strategy with Kevin. Like a good prosecutor, Mann started his opening statement with the clear argument that the defendant was “technically” and “morally” guilty of murder. This concession of guilt was issued without the consent of Young and despite the uncertainty which remained about the question if Kevin or co-defendant William Bell fired the fatal shot. 
The District Court later stated that during the guilt phase James Mann “abandoned his role as a ‘defense’ attorney and reverted to his long role as a prosecuting attorney.” 
Even after the trial Kevin’s chances were reduced by ineffective assistance of counsel. 
His post-conviction lawyers Christopher Olsen and Douglas Patrick did not met the the statutory qualifications. Neither met the mandatory criteria of the South Carolina Uniform Post-Conviction Procedure Act, which requires that, in capital state post-conviction relief actions, “at least one of the attorneys appointed to represent applicant must have previously represented a death row inmate.” 
It was a black-on-white crime and African-Americans were underrepresented on jury. A June 1998 study of the Death Penalty Information Center shows that of the Chief District Attorneys in all U.S. counties, 98 percent are white. Between 1983 and 1993 the rate at which eligible black defendants were sentenced to death was nearly 40 percent higher than the rate for other eligible defendants. 

 
Please Contact
 
Governor Jim Hodges
Governor’s Office
P.O. Box 11829
Columbia, SC 29211
phone: (803) 734 9400
fax: (803) 734 9413
e-mail: [email protected]
web: www.state.sc.us/governor
 
Parole Board
P.O. Box 50666
Columbia, SC 29250
phone: (803) 734 9278
fax: (803) 734 9440
web: www.state.sc.us/ppp/index.html
 
The Post and Courir
134 Columbus Street
Charleston, SC 29403
phone: (843) 937 5581
fax: (843) 937 5579
web: www.charleston.net
e-mail: www.charleston.net/about/emaillist.html
 
The State
PO Box 1333
Columbia, SC 29202
phone: (803) 771 7653
fax: (803) 771 8363
e-mail: [email protected]
web: www.thestate.com
 
South Carolina Center for Capital Litigation
P.O. Box 11311
Columbia, SC 29211
contact: David Voisin
phone: (803) 765 0650
fax: (803) 765 0705
 
 

Texas  

Jeffrey Dillingham (TX)    executed 
Nov.1, 2000…7:00pm (EST) 
Three people were involved in the killing of Caren Koslow in 1992. One of them received the death penalty. 
Kristi Koslow, Caren’s daughter, orchestrated the killing with the intent to gain a $12 million inheritance. She was sentenced to life in prison for capital murder. 
Brian Salter, Kristi’s boyfriend at the time of the crime, pleaded guilty to capital murder and was sentenced to life in prison. 
Jeffrey Dillingham, 19 years-old at the time of the crime, was also convicted of capital murder and was sentenced to death. 
Robert Ford, who has represented Jeffrey in his appeals argues that “three people were involved in this crime, and he is the only one facing execution.” 
Jeffrey had no criminal conviction at the time of his arrest. During the trial, his defense requested to inform the jury that if he did not receive the death penalty he would have been automatically sentenced to life in prison. The request was denied and Jeffrey was sentenced. 
 

Gary Wayne Etheridge (TX)    stay of execution
Nov.8, 2000…7:00pm (EST) 
“I’ll tell you what I think. It will clean up a piece of garbage. You’re nothing but a blight on society. That’s all you are. You are going to die, young man, sooner or later, by lethal injection.” These are the words that Gary Etheridge heard as he was being lead from the courtroom after a jury took only two hours to decide that he should get the death penalty. Those harsh words were spoken in front of about 100 observers by state District Judge J. Ray Gayle III who presided over the trial and sentencing. 
Etheridge was convicted of the robbery, rape and murder of Christie Chauviere, the teenage daughter of a project manager where he worked. Hours before the crime he brought drugs and spent the afternoon getting high on cocaine and heroin with friends at various locations. Desperate for more drugs, he drove to the Chauviere’s home to get some money. 
Etheridge alleges that he did not go to the house alone. He says that he stayed in one part of the house begging for money and an advance on his paycheck while his partner killed Christie. He expressed remorse for his part in the crimes and said that when he went to the Chauviere’s house he only wanted money and had not intended for anyone to get hurt. 
 

Miguel Flores (TX)    executed 
Nov.9, 2000…7:00pm (EST) 

“When one considers the conduct of Flores’s trial attorney, it takes little inquiry to determine that this case is troubling…What separates the executioner from the murderer is the legal process by which the state ascertains and condemns those guilty of heinous crimes.  If that process is flawed… the legitimacy of our legal process is threatened.” 
                                 (Fifth Circuit Court Judge Emilio Garza)  

Miguel Angel Flores is a young Mexican national facing execution in Texas on November 9, 2000.  The many unresolved issues in his case raise profoundly disturbing questions about the fairness of his trial and sentencing, questions which the US Supreme Court must resolve in the interests of fundamental justice. 
This case illustrates three basic flaws that undermine the Texas death penalty system: incompetent defense lawyers, unreliable sentencing, and a reckless disregard for binding treaty obligations which guarantee the consular rights of all foreigners– including US citizens abroad. 
Miguel Flores was sentenced to death for the 1989 sexual assault and murder of 
Angela Tyson in the small Texas Panhandle town of Borger. Despite the severity of the crime and the understandable outrage that it generated in the community, Flores’ court-appointed attorney utterly failed in his duty to prepare for both phases of the trial. The attorney sought no co-counsel to assist him and neglected to fully investigate and present compelling evidence about his client’s background, state of mind and character– essential elements in every death penalty trial. The jury thus never learned that Miguel had an unblemished record and many positive personal attributes: persuasive evidence that jurors must be allowed to consider when making the individualized  life-or-death decision required of them by law. 
In Texas, the death penalty may only be imposed if the jury is unanimously convinced that the defendant poses a future danger to society, after reviewing all of the available evidence. Faced with the total absence of any past violent acts, the prosecution relied instead on the scientifically worthless testimony of a paid “expert,” the notorious Dr. Clay Griffith. He assured the jury that Miguel would certainly be a danger in the future, without evaluating or even meeting the defendant–in glaring violation of medical ethics, minimum psychiatric standards and the legal requirements for expert witnesses. Extensive psychiatric testing after Miguel’s trial and his excellent disciplinary record while on death row have completely destroyed the credibility of Dr. Griffith’s prediction. 
The inexcusable failure of Texas authorities to inform Miguel Flores of his right to consular assistance had catastrophic consequences. The Mexican Consulate would have explained his legal rights to him in his native Spanish and would have ensured that all of the vital mitigating evidence was presented to the jury by competent counsel. Deeply concerned over the widespread failure of US authorities to respect the consular rights of its citizens, the government of Mexico is filing a brief in support of Miguel’s Supreme Court appeal. If the Court declines to hear the case, Miguel Flores’s last chance for justice will rest with the Texas Board of Pardons and with Governor George W. Bush. 

For further information on the Flores case, please contact his attorneys: 

Richard  Ellis, tel.(415)-389-6771; FAX: (415) 389-0251, e-mail: [email protected] 
Elizabeth Cohen, tel (512) 217-2873 or (512) 406-6173, e-mail: [email protected] 

(note: This alert was provided by Mike Warren, Amnesty International) 
 

Stacey Lawton (Texas)-B/?  executed
November 14, 2000 
“I am an African-American, I have dread locks in my hair, I am the only one on Texas Death row who has them… I love to work out and stay in shape, I love to read, write, sing, and play basketball.” (Stacey Lawton’s website at www.ccadp.org) 
Stacey Lawton was 22 years-old when he was charged with the 1992 murder of Dennis L. Price.  A recent investigation by the Dallas Morning News found “that nearly 1 in 4 condemned inmates has been represented at trial or on appeal by court appointed attorneys who have been disciplined for professional misconduct at some point in their careers.  Others have been represented by court provided attorneys who dozed off at trial, failed to investigate the case, or put in minimal preparation”.  There are insufficient statewide standards and funding for lawyers handling death penalty cases which means that poor defendants who can’t afford a private attorney are more likely to get the death penalty. 
Stacey Lawton is one of many who did not receive adequate legal representation and therefore was prevented from getting a fair trial.  In the direct appeal filed on Mr. Lawton’s behalf to the Texas Court of Criminal Appeals, his lawyers gave contradictory statements.  The court noted at several points “that appellants argument is poorly, if not inadequately, briefed.” 
Stacey is now scheduled to be executed October 4, 2000. 
 

Tony Chambers (TX)   executed
Nov. 15, 2000…7:00pm (EST) 
November 19, 1990 11 year-old Carenthia Bailey attended a basketball game at a middle school. When she did not return home her grandfather informed her mother who then filed a missing persons report. On November 21, Carenthia was found raped and murdered in the woods near the school. 
Some people at the game said they saw Tony Chambers talking to Carenthia. He soon became the sole suspect and during several police interrogations confessed to the crime. 
The county where Tony was convicted, Smith County is one of those “system[s] of criminal law enforcement” that depends upon confessions for criminal convictions. In at least three instances in the recent past, that dependence has led to accusations or convictions of innocent men. One of the officers involved in obtaining the crucial confessions from Tony was also involved in those cases. 
Tony’s life has been filled with physical, emotional and psychological violence and wanton neglect. When Tony was 18 months-old his mother’s boyfriend who spent a lot of time in and out of prison threw him across a room and into a wall while arguing with his mother. Although Tony’s biological father was not known to be physically violent, when he was around he used to do things like pin Tony down and blow marijuana smoke into his face until he gasped for breath. Tony was also beaten severely by his mother until he was 12 and has a low IQ. 
As a survivor of severe child abuse, he learned to do whatever it took to get out of potentially damaging situations. 
Tony has been examined by a psychologist, who confirmed his susceptibility to confessing to something he did not do. The videotape of his confession shows Tony doing exactly what the officer told him to. 
Seven months after Tony was arrested, his attorney was successful in getting the Trial Court to order samples of his blood, hair and saliva sent to a forensic science lab for testing. The results of the physical evidence testing did not connect Tony to the crime. 
In one of his initial statements to the police Tony gave them the name of two other men that were with him on the day of the crime. The police met with these men to get their statements and testimony against Tony at trial. However, neither of them were asked to provide test samples. 
 

Jean Paul Penry (TX)   stay of execution
Nov. 16, 2000…7:00pm (EST) 
“I like the way it is,” said George W. Bush when he and a majority of politicians from Texas rejected a law which would prohibit execution of the mentally retarded. Over 30 such inmates have been executed since 1976 and John Paul Penry could be the next. Convicted of the rape murder of Pamela Carpenter in 1979 his execution date is set for November 16th . 
Johnny is seriously mentally retarded. His brain damage is thought to date back to the womb. His mother nearly died in childbirth from blood loss. Later, she brutalized her son. Johnny was beaten with a belt and burned with cigarettes. Sometimes she locked him in a small chamber. And would not let him eat, drink or go to the bathroom. 
At the time of the crime, John was a 22 year-old operating at the mental level of a six year-old. His IQ is in the 50s and he is barely able to rad and write. His formal education ended before he completed the first grade. 
Johnny had to learn how to make a signature before he could sign the murder confession police officers wrote for him. The police interrogation lasted eleven hours and Johnny had no attorney present. 
On the basis of this confession, Johnny was sentenced to death in 1981. In 1988, his first execution date was delayed by the Supreme Court in order to decide whether or not the Eighth Amendment precludes executing the mentally retarded. It was decided that mental retardation does not bar execution prima facie, but that it is a factor which should be considered during the sentencing phase of a trial. John got a new trial, but after only two and a half hours he was sentenced to death again. 
Polls have shown that more than 70 percent of the state’s population opposes executing the mentally retarded. As governor Bush’s quest for the White House continues, please remind him that public opinion does not support executing inmates with mental retardation as severe as John Paul Penry’s. 
 

Please Contact 
 
Governor George W. Bush 
Office of the Governor 
PO Box 12428 
Austin, TX 78711-2418 
phone: (512) 463 1782 
fax: (512) 463 1849 
e-mail: www.governor.state.tx.us/e-mail.html 
web: www.governor.state.tx.us 
 
Board of Pardons and Paroles 
Attn: Gerald Garret 
PO Box 13401, Capitol Station 
Austin, TX 78711 
phone: (512) 406 5852 
fax: (512) 467 0945 
web: www.tdcj.state.tx.us/bpp/index.html 
 
Austin American Statesman 
PO Box 670 
Austin, TX 78767 
phone: (512) 445 3500 
fax: (512) 445 3679 
e-mail: [email protected] 
 
The Dallas Morning News 
2726 South Beckley 
Dallas, TX 75224 
phone: (214) 977 8462 
fax: (214) 977 8019 
e-mail: [email protected] 
web: www.dallasnews.com 
 
The Houston Chronicle 
PO Box 4260 
Houston, TX 77210 
phone: (713) 220 7491 
fax: (713) 220 6806 
e-mail: [email protected] 
web: www.houstonchronicle.com 
 
For More Information 
 
Texas Coalition to Abolish the Death Penalty 
3400 Montrose Blvd. 
Suite 312 
Houston, TX 77006 
contact: David Atwood 
phone: (713) 520 0300 
e-mail: [email protected] 
 
 

Further Upcoming Execution Dates: 
 
December 5, 2001:         Gary Miller (TX)  
 
December 6, 2001:         Daniel Hittle (TX) 

December 6, 2001:         Christopher Goins (VA) 

December 7, 2001:         Russel Tucker (MO) 

December 7, 2001:         Claude Howard Jones (TX) 

December 12, 2001:       Juan Raul Garza (TX) 

January 4, 2001:             Robert Clayton (OK) 

January 9, 2001:             Eddie Trice (OK) 

January 9, 2001:            Jack Wade Clark (TX) 

January 11, 2001:          Wanda Jean Allen (OK) 

January 16, 2001:          Floyd Medlock (OK) 

Janaury 18, 2001:          Dion Smallwood (OK) 

January 22, 2001:          Steven Anthony Butler (TX) 

January 31, 2001:          Philip Workman (TN) 
 


National Execution Alert Staff:
 
Production:
Stefan Wellgraf
 
Writers:
Stefan Wellgraf
Tonya McClary
 
Editors:
Terrance Pitts
 
 
 Our thoughts and prayers are with the families of murder victims, the families of those  executed and all other victimized by senseless violence.
  
 Thanks to all of the dedicated activists and attorneys who make this important project possible! 
 
  
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