NCADP
1436
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888-286-2237
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National
Execution Alert
June
2000
Alabama
Pernell Ford (AL)-B/? executed
June 2, 2000…1:00am (EST)
Pernell Ford was scheduled for execution in July of 1999, but was granted
a stay when the issue of his competency was raised.
Tried for the 1983 murder of a handicapped woman and her daughter,
Ford, who has a long history of mental problems, insisted on representing
himself. He was 18 at the time of the killings. In closing arguments,
he wore a white sheet wrapped around him like a toga, and declared himself
a prophet. He called on the jury to repent, demanded that the bodies
of the victims be brought into the courtroom so he could resurrect them,
and called on God to destroy the courtroom.
In 1999, Ford dropped his appeals. An attorney with the Equal
Justice Initiative was allowed to continue to represent him in competency
considerations. She said that he now claims that he is able to move
through concrete walls and leave death row using a process he calls “translation”.
He claims to be a member of the Holy Trinity, have wives and children around
the world and millions of dollars in Swiss bank accounts. Ford
was diagnosed with mental disorders at age six and from ages 9-15 was periodically
institutionalized.
State mental health experts allow that Ford suffers from mental disorders,
but stop short of saying he is incapable of making decisions concerning
his fate. Attorney Davis says Ford suffers from depression and schizophrenia.
Please Contact:
Governor Don Siegelman
P.O. Box 123
Montgomery, AL 36130-2751
334-242-7100–phone
334-232-4514–fax
Alabama Parole Board
Attn: Donald Parker
P.O. Box 302405
Montgomery, AL 85007
334-242-8700–phone
334-242-1809–fax
Birmingham Post-Herald
2200 Fourth Avenue
Birmingham, AL 35202
800-283-4255–phone
205-325-2410–fax
For More Information:
Alabama Prison Project
410 South Perry Street
Montgomery, AL 36104
334-264-7416–phone
334-264-4661–fax
Florida:
Thomas Provenzano (FL) executed
June 22, 2000…7:00am (EST)
Bennie Demps (FL) b/? executed
June 7, 2000…7:00am (EST)
“I thought that was great. A lot of them thought they would get life.
They
didn’t.” Gordon Oldham remembers his time as district attorney in Florida
when he had sent more than 50 people to death row. One of them was
Bennie Demps.
In 1971, Bennie was sentenced to death for murdering two persons during
a
robbery. When capital punishment was declared unconstitutional in 1972,
his
sentence was commuted to life in prison. Two years later, however,
Bennie
again found himself on trial for his life.
Together with two other prisoners Bennie was involved in the stabbing
of
Alfred Sturgis. Although it is clear that Bennie was holding Sturgis
while
another inmate stabbed him, he was the only one of the three who received
a
death sentence. A number of other questionable circumstances
exist in
Bennie’s case as well:
-There is evidence that Mr. Hathaway, another prisoner and the key witness
for the prosecution, is mentally ill.
-Another eye-witness testified under oath that Hathaway was lying but
later
he withdrew his testimony after the state reduced his sentence.
-Bennie was without legal repressentation for many years as a result
of the
de-funding of Florida’s Capital Resource Center in 1995.
-During his life Bennie was also influenced by a drug addiction which,
according to a psychologists, “may have resulted in the kind
of brain damage
suggested by the current test results.”
Please Contact:
Governor Jeb Bush
Executive Office of the Governor
The Capitol
Tallahassee, FL 32399-0001
850-488-4441–phone
850-487-0801–fax
[email protected]–e-mail
www.state.fl.us/eog–web
Executive Board of Clemency
2601 Blarr Stone Road
Building C, Room 229
Tallahassee, FL 32399
850-488-2952–phone
850-488-0695–fax
The Miami Herald
One Herald Plaza
Editorial Department
Miami, FL 33132
305-376-2100–phone
305-376-5287–fax
[email protected]–email
www.herald.com–web
For More Information:
Florida Coalition to Abolish the Death Penalty
2363 Union Street
Fort Myers, FL 33901
Richard Fabbro–contact
941-332-3449–phone
Louisiana
Feltus Taylor-B/? executed
June 6, 2000…7:30pm (EST)
In 1992 Feltus Taylor was convicted of and sentenced to death for the
murder of Donna Ponsano. Ms. Ponsano was 31 years old at the time
of her
murder. Both Feltus Taylor and Donna Ponsano were workers at
a fried
chicken restaurant in Baton Rouge, Louisiana. Taylor had been
hired and
fired at the restaurant a couple of times and had apparently come back
to his former work place to rob it. Not only was Ms. Ponsano killed
but another worker, Mr. Keith Clark was shot in the head four times and
survived. He now needs a wheelchair to get around.
During Mr. Taylor’s trial he was misadministered a medication which
he must take for a psychotic disorder. As a result of this, during
the sentencing phase of his trial Mr. Taylor had a violent outburst during
which he turned over the counsel table in the court room. This happened
of course in full view of the jury. Mr. Taylor’s attorney was not
even aware that his client took medication for such a disorder. Mr.
Taylor has received five stays of his execution. The most recent
stay came from Justice Scalia at the U.S. Supreme Court. The U.S.
Supreme Court has since refused to hear Taylor’s appeal and now another
execution date has been set.
Feltus Taylor will now be executed by the State of Louisiana on June
6, 2000. This whole episode has been and still is very painful for
many in this city. We are saddened when we think about the loss suffered
by the relatives and friends of Ms. Ponsano. We want to also acknowledge
the pain and suffering endured each day by Mr. Clark. There are other
victims of this murder as well. These are the relatives and friends
of Mr. Taylor.
We are opposed to the killing of Mr. Taylor. We dissent from
the majority
opinion that while it is wrong for individuals to kill it is okay for
the state to kill. When the state kills a murderer the state allows
the murderer to set the standard for behavior. If the standard response
to killing is to kill again then the chain of death will never end. To
ask for a commutation of the death sentence of Feltus Taylor write to:
(note: this Alert was produced by the Lousiana Coalition To bolish
The death Penalty)
Please Contact
Hon. Murphy J. Foster
Governor of Louisiana
P.O. Box 94004
Baton Rouge, LA 70804
(225) 342-7099 (fax)
www.gov.state.la.us
Maryland
Eugene Colvin-El (MD)-B/W commuted
to life in prison
week of June 12, 2000
Can a person who is 5′ 7″ tall and weighs 155 lbs step through a door
which opens only 4 inches? According to the theory of Baltimore
County prosecutors, that’s exactly how Eugene Colvin-El entered Lena Buchman’s
house on September 9, 1980. This, despite the fact that police reports
show the door was blocked by a metal container and was void of Eugene’s
fingerprints.
The only physical evidence linking Eugene to the murder of Lena Buchman
is a lone fingerprint, found on the outside of her basement window.
No one saw Eugene enter Ms. Buchman’s home. He has steadfastly maintained
his innocence.
Combine the prosecution’s weak case against Eugene with Maryland’s
(and especially Baltimore County’s) atrocious record on race bias in capital
sentencing and the result is a compelling argument that this case merits
a closer look. 13 of the 17 inmates on Maryland’s death row are black
men convicted for killing whites, and 7 of those 13 were prosecuted in
Baltimore County.
Maryland abolitionists need your help now. Steady pressure has
been applied to Governor Parris Glendening in support of a moratorium and
Eugene’s execution date has only added fuel to the fire. Please contact
Governor Glendening and ask him to spare Eugene’s life and impose an immediate
moratorium on executions in Maryland.
Please Contact:
Governor Parris Glendening
Statehouse
100 State Circle
410-974-3901–phone
410-974-3275–fax
[email protected]
www.gov.state.md.us
The Baltimore Sun
P.O. Box 1377
Baltimore, MD 21278
410-332-6100–phone
410-332-6455–fax
[email protected]
www.sunspot.net
The Capitol
P.O. Box 911
Annapolis, MD 21404
410-268-5000–phone
410-280-5953–fax
[email protected]
www.capitolonline.com
For More Information:
Maryland CASE
P.O. Box 39205
Baltimore, MD 21212
410-243-8020–phone/fax
www.mdcase.org
Missouri:
Bert Hunter (MO)-W/? executed
June 28, 2000…1:01am (EST)
Frustrated by years of intolerable prison conditions, Bert Hunter wrote
a short incendiary letter to the Missouri Supreme Court in which he insulted
the court and pleaded with them to set an execution date “to end this (prison
mistreatment) nightmare.” Several other men on Missouri’s death row
are at the end of their court appeals and have been waiting much longer
than Bert for their execution dates to be set. On May 24, 2000, less
than one week after the court received his letter, the court scheduled
Bert’s execution for June 28.
Bert Hunter’s latest act of desperation is part of a long series of
suicidal behavior. In 1988, he attempted to commit suicide by shooting
himself in the head. The following year, he again attempted suicide
by pleading guilty to murder and begging the court to execute him as soon
as possible.
At the time he pled guilty he was extremely depressed over his prison
conditions. He described the conditions as “atrocious.” He
had been placed in isolation in a small cell at a time when he was undergoing
withdrawal from an extensive cocaine addiction. He attempted to commit
suicide while waiting for his court date. The prison placed him on
suicide watch.
After a stay at a prison psychiatric facility, Bert
Hunter was taken from a solitary confinement cell to court to waive his
constitutional right to a lawyer, waive his right to a jury trial, and
plead guilty in a capital case. He exclaimed that his life was not
worth living. He told the court he had suicidal tendencies.
Bert distrusted the legal system and refused any assistance
from a lawyer. He gave the court inconsistent statements of the
deaths of the two victims that did not match his previous statements and
did not match the medical examiner’s autopsy report. The court expressed
doubt about the factual basis for the plea. Nonetheless, the court
allowed him to represent himself, accepted his guilty plea and convicted
him of two counts of first-degree murder.
Long before a sentence was to be imposed, Bert decided he wanted to
live. He asked the court to withdraw his guilty plea on the ground it was
entered under duress. The court refused to set aside his plea, refused
to allow him to have a trial by jury, and sentenced him to death.
Bert Hunter was suicidal at the time he pled guilty. He soon changed
his mind, decided he wanted to live, and requested a trial by a jury of
his peers. All doctors who had examined him concluded he was self
destructive at the time of his plea.
The court was more than happy to go along with Bert’s suicidal request
to end his life, but refused to grant his constitutional right to a trial.
It is improper for the state to grant the death wish of a frustrated suicidal
citizen. It is frightening that the court would not allow this man
to have a trial.
Bert Hunter should not be executed. The state should not be in
the business of assisting suicide. Ask the Governor of Missouri to set
aside the execution date pending an investigation of these facts:
(note: this execution alert was written by the “Eastern Missouri Colition
to Abolish the Death Penalty”)
Please Contact
Governor Mel Carnahan
Post Office Box 720
Jefferson City, MO 65102
(573) 751-3222 (phone)
(573) 751-1495 (fax)
St. Louis Post Dispatch
900 E. Tucker Blvd.
St. Louis, MO 63101
(314) 340-8000 (phone)
(314) 340-3050 (fax)
Kansas City Star
729 Grand Av.
Kansas City, MO 64108
(816) 234-4141 (phone)
(816) 234-4926 (fax)
News Tribune
P.O. Box 420
Jefferson City, MO 65102
(573) 636-3131 (phone)
(573) 636-7035 (fax)
For further information contact:
Cheryl Rafert (314) 963-9697
Oklahoma
James Robedeaux (OK)-N/W executed
June 1, 2000…1:00am (EST)
James Robedeaux, a diabetic who has gone nearly blind in prison and
requires thrice-weekly kidney dialysis, is slated for execution for the
1985 murder of his girlfriend.
Nancy McKinney disappeared under suspicious circumstances on eptember
22, 1985, and pieces of her body were subsequently discovered in three
separate locations. Though not tied directly to the crime by eyewitnesses
or physical evidence, strong circumstantial evidence convincingly implicated
Robedeaux.
But it is precisely the uncertainty that raises serious concerns about
Robedeaux’s sentence – not because he isn’t the killer, but because there’s
no evidence he committed first-degree murder.
The jury at trial was not permitted to consider a conviction other
than first-degree murder. That is, it did not have the option of
finding Robedeaux guilty of second-degree murder or manslaughter, but only
a choice between convicting him of a capital crime or letting him walk.
Supreme Court precedent holds that “when the evidence unquestionably
establishes that the defendant is guilty of a serious, violent offense
– but leaves some doubt with respect to an element that would justify conviction
of a capital offense – the failure to give the jury the ‘third option’
of conviction on a lesser include offense … cannot be tolerated in a
case in which the
defendant’s life is at stake.” A three-judge panel of the 10th
Circuit court even overturned the sentence of another Oklahoma death row
inmate on these very grounds last December.
But Robedeaux chanced to draw a less sympathetic panel, which issued
a ruling whose effect was to say that Robedeaux had no right to such protection
because he had the temerity to contest his guilt. The panel judged
that the only options the jury could be given were to accept the prosecution’s
theory (capital murder) or the defense’s (complete innocence), and sneered
that Robedeaux had never offered evidence to show that he might have killed
accidentally or in the heat of the moment.
Of course, the state has never offered any evidence that he killed
with “malice aforethought” either. But consistency, much less explicit
and longstanding constitutional precedent, may or may not matter to any
given three-judge panel of the federal bench.
Roger Berget (OK)-W/W
executed
June 8, 2000…1:00am (EST)
Roger James Burget was sentenced to death by an Oklahoma jury in 1987
for his role in the kidnaping and murder of Rick Patterson.
Substantial confusion about the facts of Roger’s case remains to this
day. Most troubling is the question of whether or not Roger was the
gunman in Patterson’s murder. When he and his partner, Mikell “Bulldog”
Smith were taken into custody, Roger denied being the shooter. He
even agreed to testify against Smith in exchange for life in prison.
Then, after meeting with Smith in jail, Roger not only changed his mind
about the plea agreement, but also claimed that in fact he was the triggerman.
Both men were condemned to death, but Smith’s sentence was reversed to
life imprisonment on appeal.
There are, however, two aspects of Roger’s case which cannot be disputed.
First, he received inadequate assistance of counsel both in his decision
to plead guilty and in his sentencing hearing. In a signed affidavit,
Roger’s trial lawyer admitted that he did not put his best foot forward
on the case because “my other clients facing a death sentence very much
wanted to live, while Roger did not much seem to care.” Significant
mitigating circumstances were ignored such as Roger’s model behavior as
a prisoner and his mental health history. According to his attorney,
“I simply did not understand the importance of mental health evidence to
present a full picture…this entire area was left univestigated.”
Second, Roger was the product of an extremely dysfunctional home.
He grew up in South Dakota in constant fear of his physically abusive and
alcoholic father. Before he hit his teens, Roger tried to escape
the violence by leaving home to live in a nearby abandoned house.
His mother brought him food there until his father uncovered their plan
and severely beat them
both. At the age of 14, Roger suffered serious head injury as
a result of a car accident. One year later, he was sentenced to a
term in an adult prison for robbery.
Taken together, these facts present a compelling case for clemency.
Please contact the Oklahoma officials listed below and make sure that Roger
Berget’s case is not ignored.
William Bryson (OK)-B/? executed
June 15, 2000…1:00am (EST)
William Bryson isn’t a juvenile offender, but only by a few weeks –
and his crime was certainly immature enough to fit the description.
When he was still a minor, Bryson began a love affair with his married
neighbor, Marilyn Plantz, who allowed him to drive her car and entertained
him and his friends with alcohol and drugs while her husband worked his
night shift.
Claiming that her husband was abusive, Mrs. Plantz convinced her teenaged
lover and his friends to kill Mr. Plantz for $300,000 in insurance.
Several schemes were hatched, pondered, and abandoned, and at least
one was unsuccessfully attempted. A potential cohort was offered
money to carry out the crime.
Late one night after these plans came to grief, Bryson, Mrs. Plantz
and a friend named Clinton McKimble gathered at her house. Mrs. Plantz
supplied beer, crack cocaine and baseball bats, the latter of which were
employed by Bryson and McKimble to beat the unfortunate Mr. Plantz senseless.
In a vain attempt to make the homicide look like an accident, the two carried
their victim to his truck and set fire to it; the fire actually caused
the death, although Mr. Plantz was likely unconscious at the time.
After the murder, Bryson and McKimble bragged to friends about it, with
Bryson saying he planned to move out of town and buy a house with Mrs.
Plantz.
It was not to be. Bryson and the surviving Plantz share a residence
on Oklahoma’s death row; both were convicted of first-degree murder and
a suite of associated crimes, receiving a total of 125 years in prison
in addition to the capital sentence. Clinton McKimble testified against
them and received a life sentence.
Deeply remorseful, Bryson admitted to the crime when interrogated by
police and attempted suicide in his cell. By the account of his attorney
and a psychiatrist, he straddled the border of competency during his trial,
sometimes delusional and of little help to his defense. Unfortunately,
the gurney is likely to be the denouement of Bryson’s short and pathetic
story.
Please Contact:
Governor Frank Keating
Rm.212
State Capitol Building
Oklahoma City, OK 73105
(405) 521-2342–phone
(405) 521-3353–fax
[email protected]
www.state.ok.us/governor/
Pardon & Parole Board
P.O. Box 1902
Ardmore, OK 73402-1902
The Daily Oklahoman
P.O. Box 25125
Oklahoma City, OK 73125
405-475-3231–phone
405-475-3970–fax
[email protected]
www.oklahoman.com
Tulsa World
P.O. Box 1770
Tulsa, OK 74102
918-581-8300–phone
918-581-8343–fax
[email protected]
www.tulsaworld.com
For More Information:
Oklahoma Coalition to Abolish the Death Penalty
9718 Urbana Avenue
Tulsa, OK 74137
Jan Skaggs and Mike Johns
918-229-6391–phone
918-299-6391–fax
[email protected]
www.ocadp.org
Death Penalty Institute of Oklahoma
PMB 131
3728 South Elm Place
Broken Arrow, OK 74011
918-455-2849–phone
[email protected]
www.dpio.org
Texas
Ricky McGinn (TX) – W/W stay
of execution
June 1, 2000…7:00pm (EST)
The state of Texas is planning to execute Ricky McGinn for the 1993
murder of his stepdaughter, Stephanie Flanery.
Ricky lived together with his wife and her two daughters in Brown County,
Texas. At 6:30pm on May 22, 1993, Ricky noticed that his stepdaughter,
who had gone for a walk several hours earlier, was missing. After
searching for her for three hours, Ricky called the police. Three
days later, Stephanie’s lifeless body was found in a ditch. A month
later, Ricky was indicted for capital murder based on the discovery of
human blood and an ax in the family car.
Ricky’s first attorney, Pete Gomez, initially agreed to represent him
for $14,000.00, but then changed his mind and asked for $200,000.00.
When Ricky said he couldn’t afford that, Gomez refused to take his case.
McGinn’s second attorney, Robert Spence, was appointed by the trial court.
He died in a car accident just days before Ricky’s trial was set to begin.
Ben Dowl Suddereth, Ricky’s third attorney was only given a few days
to prepare for trial. In the end, the jury deliberated for only forty-five
minutes (including a lunch break) before sentencing Ricky to death.
Ricky McGinn’s case is a good example of how poorly the Texas criminal
justice system operates. Like dozens of others on Texas’ death row,
Ricky fell through the cracks of an indigent defense system that George
W. Bush continues to under-fund and ignore.
Thomas Mason (TX)-W/W
executed
June 12, 2000…7:00pm (EST)
“They ate lunch and convicted him in an hour and 25 minutes.” said
prosecutor Robert Perkins proudly. Thomas Mason, a Dallas construction
worker, was convicted for murdering his estranged wife’s mother and grandmother
in 1991.
At trial, Thomas Masons’ court appointed attorneys did not call any
witness on behalf of their client. He was sentenced to death after
two psychiatrists testified that he would be a continuing threat to society.
John Burks (TX)-B/L executed
June 14, 2000…7:00pm (EST)
Initially, Aaron Bilton and John Burks were both charged with the 1989
murder of Jessie Contreras. But, the day before Burks’ trial, after
intense plea negotiations, Bilton turned state’s evidence in exchange for
complete immunity from prosecution. His testimony was the key to
Oklahoma’s successful bid to send John Burks to death row.
The only problem with Bilton’s story is that nobody can corroborate
it. There were no eyewitnesses to Jessie Contreras killing other
than the killer(s).
In fact, all of the post-conviction evidence uncovered by Burks’ appellate
attorney contradicts Bilton’s testimony. On the one hand, several
witnesses have come forward claiming that Bilton was not even at the crime
scene on the night of the murder. On the other hand, Burks’ attorney
can produce witnesses who claim they overheard a man named Bishop McComell
confess to the Contreras’ murder. He can even show that McComell
owned the kind of gun used in the shooting.
In the end, there just seem to be too many questions to allow Burks’
execution to go forward.
Paul Selso Nuncio (TX) – L/? executed
June 15, 2000…7:00pm (EST)
Paul Selso Nuncio was sentenced to death for fatally beating and strangling
a 61-year-old Plainview, Texas woman in March of 1995.
Since he was a boy, Paul’s behavior has been indicative of mental illness.
His parents testified at a post-conviction hearing that Paul saw things
that were not there, talked to imaginary people and had trouble differentiating
between right and wrong.
After being arrested for murder, police reported that Paul seemed disoriented
and confused. At his arraignment and throughout his trial, Paul continually
smiled and laughed at inappropriate times.
But, despite all this strange behavior, Paul’s trial attorney failed
to request a psychological examination of his client. A total of
three mental health experts, two of which testified at Paul’s trial without
having examined him, stated at a post-conviction hearing that had they
known about the defendant’s strange behavior and history of mental problems
they would have recommended a pre-trial psychological evaluation.
As it was, the jury that sent Paul to death row never had a clue that he
might suffer from mental illness.
Since his conviction, Paul’s condition has worsened. A psychologist
who interviewed him in 1997, reported that he “expressed crazy ideas and
made schizophrenic scribblings.” He boasted about his bank accounts
and investments, none of which actually exist. And he often stared
at the walls and laughed inappropriately.
Abolitionists around the world know that Governor George W. Bush has
no qualms about executing the mentally ill. That makes it all the
more important that you register protest on behalf of Paul Selso Nuncio.
Shaka Sankofa (TX) – B/W executed
June 22, 2000…7:00pm (EST)
Shaka Sankofa (formally known as Gary Graham) was convicted and sentenced
to death for allegedly murdering Bobby Lambert at the age of seventeen.
The star eyewitness for Harris County prosecutors was Bernadine Skillern
– a woman who watched the crime take place from her car about 30 or 40
feet from the scene.
Two weeks after the Lambert’s murder, Ms. Skillern could not pick Shaka
out of a photo line-up. She told officers that “the photo of Gary
Graham looked like the suspect [she] saw on the night of the offense except
the complexion of the suspect [she] saw was darker and his face thinner.”
At trial, however, Ms. Lambert testified that she saw the gunman when
he turned toward her “for a spilt second, maybe a second.” She then
identified Shaka in open court. He was convicted solely on the strength
of this testimony.
Almost twenty years later, Shaka’s appellate attorneys have uncovered
compelling evidence that points to their client’s innocence. To begin
with, there were at least eight other eyewitnesses to the crime, none of
whom were interviewed by Shaka’s trial attorneys. Four of these eyewitnesses
confidently stated that Shaka was not the shooter, the others could not
be sure. On top of that fact, five people were willing to testify
that Gary was with them, several miles away, at the time of the murder.
The fact that none of this was discovered during pre-trial investigation
raises serious questions about the adequacy of Shaka’s trial attorneys.
Shaka has been within days of execution twice, once in 1993 when he
was spared by a 30 day reprieve from then Governor Ann Richards, and again
in 1999 when the U.S. Supreme Court granted a stay so it could examine
his treatment under the 1996 Anti-terrorism & Effective Death Penalty
Act.
Save Mumia Abu-Jamal, Shaka is one of the best known death row inmates
in America today. For that reason, the Harris County District Attorney’s
office wants to be sure Shaka keeps his date with the gurney in the Walls
Unit.
To find out more about how you can help save Shaka’s life, visit the
NCADP’s “Save Shaka” website by logging on to our homepage at www.ncadp.org.
Jessy San Miguel (TX) – L/? executed
June 29, 2000…7:00pm (EST)
Jessy San Miguel was all of 19 when he and a 17-year-old classmate
knocked over an Irving, Tex., Taco Bell. Arrested by chance later
that evening and interrogated separately and without attorneys, the two
gave remarkably consistent accounts of the evening’s events.
According to Jessy and his friend, Jerome Green, the two executed a
robbery carefully planned to avoid hurting anyone.
After entering the store wearing ski masks, they cut the phone lines,
forced the manager to open the safe, and put all three employees in a walk-in
locker. Anticipating a clean job with no casualties, they negotiated
a 30-minute head start on their getaway with the manager.
Unfortunately, one of the employees had arranged for a friend to pick
her up. It’s not clear exactly how events unfolded but that friend,
Son Nguyen, apparently jumped up and frightened Jessy, who gunned down
all four people in a panic. Jerome told investigators recently that
“The first thing he said to me was ‘The Chinese guy jumped me, the Chinese
guy jumped
me.'” Forensic evidence showed Nguyen was hit in the shoulder with
his arm raised.
Jerome also told that story to police in his interrogation, but the
thin blue line saw fit to leave such mitigating information out of the
confession it drew up for him to sign. Because the statement was
intentionally gerrymandered, and Jerome himself was not available to testify,
Jessy’s similar claim that he had killed in a moment of panic appeared
simply self-serving.
It’s an open question what Jessy’s attorney would have done with this
information if he had it, however, based on his strange performance in
the trial’s sentencing stage.
Rather than deploy the ample mitigating evidence of Jessy’s young age
and troubled upbringing – his father and two subsequent stepfathers were
all violently abusive towards Jessy and his mother, and the last of the
three forced Jessy to fight him in the garage on a regular basis – he attempted
to inculcate the notion that his ethnicity made him intrinsically combative.
At about the time President Bush was reveling in unprecedented approval
ratings for burying his persistent “wimp” image in the sands of Mesopotamia,
witnesses at Jessy’s hearing were being probed with such queries as, “Being
macho and not letting people push you around is … part of the Mexican-American
culture, isn’t it?”
The state, which would never have been permitted to make such an appalling
argument, listened with glee as witness after witness confirmed that Mexican-Americans
just can’t help but fight. The only exception: a white classmate
of Jessy’s who flatly denied that “being macho and standing up for yourself
[is] more important in their culture than it is in your culture.”
Not merely racist, this strategy was also counterproductive, for while
it purported to “explain” Jessy’s behavior, it in fact encouraged the jury
to ignore his individuality and see him as incapable of rehabilitation.
Stereotypes about violent youth of color are nothing to toy with in America,
and still less so during the crime-wave hysteria of the early nineties.
Nor has the baleful influence of that hysteria faded entirely, for
as Jessy seeks mercy from Bush the Younger, the would-be president who
speaks Spanish on the stump to court the fastest-growing minority group
in America, he might look to the electoral battleground of California for
his probable unpleasant fate. There Proposition 21, a bill to further
escalate the criminalization of dark-skinned youth won 62% of the vote
despite massive grassroots opposition.
Whether homicidal or merely carceral, Gov. Bush knows the “tough on
crime” impulse is always an easy sell at the ballot box. It’s just
part of the culture.
Please Contact:
Governor George Bush, Jr.
Office of the Governor
PO Box 12428
Austin, TX 78711-2428
512-463-1782–phone
512-463-1849–fax
www.governor.state.tx.us/
www.governor.state.tx.us/
Executive Clemency Section
Attn: Gerald Garret
P.O. Box 13401, Capitol Station
Austin, TX 78711
512-406-5852–phone
512-467-0945–fax
www.link.tsl.state.tx.us/tx/BPP/
Austin-American Statesman
P.O. Box 670
Austin, TX 78767
512-445-3500–phone
512-445-3679–fax
[email protected]
www.austin360.com/statesman/
The Dallas Morning News
2726 South Beckley
Dallas, TX 75224
214-977-8462–phone
214-977-8019–fax
[email protected]
The Houston Chronicle
P.O. Box 4260
Houston, TX 77210
713-220-7491–phone
713-220-6806–fax
[email protected]
www.houstonchronicle.com
For More Information:
Texas Coalition to Abolish the Death Penalty
3400 Montrose Blvd., Suite 312
Houston, TX 77006
David Atwood–contact
713-520-0300–phone
[email protected]
Virginia
Russel Burket (VA)-W/? stay
of execution
June 21, 2000…9:00pm (EST)
In 1994, Russel Burket pled guilty to the capital murders of Katherine
Tafelski and her five year old daughter, Ashley Tafelski.
Burket never graduated from high school, but was skilled in automotive
repairs and had held various jobs such as a construction worker and a bagger
at a grocery store. Burket had no prior criminal record before this
charge. He had a history of mental problems including attempting
to commit suicide twice. Two clinical psychologists testified on
Burket’s behalf, Dr. Thomas Ryan and Dr. Gary Hawk. Under oath
Dr. Ryan stated that Burket had “intellectual abililties`in a low average
to average range.” In addition Ryan testified that Burket could not
perform well in several academic areas including reading, writing
and math. Dr Hawk opined that Burket has a severe form of dyslexia,
and that he suffer[ed] from dysthymia, which is a form of persistent
mild to moderate depression. However, despite the mitigating
testimony of these two doctors, the judge found the Commonwealth’s
psychiatrist, Dr. Mansheim, more credible and agreed that the only
mitigating factor in the case was that Burket held no previous criminal
record. The judge concurred with Dr. Mansheim that Burket’s mental
condition did not effect the case and sentenced Burket to death.
Burket appealed the judge’s ruling that the Dr. Mansheim was a more
credible witness than his two experts. Claiming that Dr. Mansheim
lied under oath in regards to whether he read over several documents pertaining
to the Burket case before interviewing Burket, Burket believes that
his experts are more credible that the prosecution’s. The Appellate
Court disagreed and upheld the sentence.
Burket also contended that his confession was taken illegally.
Before confessing to the crimes, Burket stated, in the
presence of detectives, “I’m gonna need a lawyer.” He
felt that at that moments he should have been read his Miranda rights and
a lawyer.
(note: this Alert was produced by Virginians for Alternatives to
the Death Penalty)
Please Contact:
Governor James Gilmore III
Office of the Governor
State Capitol, 3rd Floor
Richmond, VA 23219
(804) 786-2211-phone
(804) 371-6351-fax
www.state.va.us/governor/govmail.htm
www.state.va.us/governor/index.htm
Virginia Parole Board
c/o Department of Corrections
P.O. Box 26963
Richmond, VA 23261
(804) 674-3081-phone
Richmond Times-Dispatch
Attn: Robert Holland
P.O. Box 85333
Richmond, VA 23293
804-649-6300–phone
804-775-8059–fax
[email protected]
www.gatewayva.com
The Virginian-Pilot
P.O. Box 449
Norfolk, VA 23501
757-446-2314–phone
757-446-2414–fax
www.pilotonline.com
For More Information:
Virginians for Alternatives to the Death Penalty
PO Box 4804
Charlottesville, VA 22938
Henry Heller–contact
804-263-8148–phone
[email protected]
www.vadp.org
National
Execution Alert Staff:
Editor:
Brian L. Henninger
Writers:
Stefan Wellgraf
Jason Zanon
Tonya McClary
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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