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March 2003
Supreme Court sides with Texas Death Row Inmate on Racial Bias during Jury SelectionThe
U.S. Supreme Court sided with a Texas death row inmate, Thomas Miller-El
recently, as he claimed that prosecutors stacked the jury with whites.
Thomas is black. The high court ruled 8 – 1 that Thomas Miller-El should have been given the opportunity to present his evidence during his federal appeals. This does not mean that Thomas receives a new trial, but that the case goes back to the lower courts for a full hearing on his allegations at racial bias. With the tremendous amount of evidence against the prosecutor, it is very likely that he “will” receive a new trial after the hearing. Thomas
had 11 whites and one black man who stated that execution was too quick and
easy… and painless. Typical
ignorance knows no color and isn’t bound by race, creed or religion. Justice
Kennedy was joined by all other white members of the court…. and only Clarence
Thomas, the courts’ only black member dissented (opposed) Justice Kennedy
wrote, even if we presume at this stage that the prosecutors in Miller-El’s
case were not part of this culture of discrimination, evidence strongly suggests
that they were not ignorant of it. Clarence
Thomas said Miller-El should not be given the appeal he seeks because he has not
shown by clear and convincing evidence that black jurors were struck by
prosecutors on purpose. Ooookkkkaaaayyyyy,
maybe Clarence needs glasses. Fortunately
the 8 white members can clearly see racial bias.
Funny how Clarence denounced the Ku Klux Klan’s right to their first
amendment to burn crosses where they wanted in effort to exercise their first
amendment right. He knew his yard
would be a prime place, as he’s married to a white woman-. Justice
Kennedy and the majority of the Court dealt a harsh and high volume of criticism
to the Texas Trial Judge and more so to the 5th Circuit Court for not
reviewing Miller-El’s claim. They
basically accused them of sweeping cases under the rug and rubber-stamping them
in effort to just move them along. The
U.S. Constitution forbids race discrimination in jury selection, but in 1986
with Batson –v-Kentucky, guidelines were set, so a defendant could easily
prove racial discrimination. What
the Supreme Court did in Thomas’ case was something I expected and predicted
over a year and a half ago… just as I predicted on those very same lines that
they would ban the execution of the mental retardation, but never in anyone’s
mind could we even begin to think they would verbally and publicly admonish the
U.S. 5th Circuit, the trial court and federal courts.
The justices did something with potentially greater system wide effect in
warning the 5th circuit and federal courts not to abdicate their
judicial responsibility to scrutinize state-court criminal proceedings for
constitutional errors. Justice
Kennedy wrote that Congress had rewritten the habeas corpus statute to require
greater deference by federal judges (in wake of Timothy McVeigh bombing) to
state court determinations; deference does not imply abandonment or abdication
of judicial review. Deference,
“does not” by definition preclude relief. Strong
harsh words that are music to my ears which are long overdue in a land where
courts are out of control as they play God rather than apply the law as it is
written. Peace
The A.B.A. Pushes for New Lawyer Guidelines The
American Bar Association, which is America’s largest lawyer’s group, is
overhauling 14 years old standards for capital defense lawyers in the face of
critics from the U.S. Supreme Court Justices and others about the quality at
legal representation. The
A.B.A.’s policy making board will vote on a plan encouraging states and some
counties there within those states that pay for the defense of poor defendants
to update their standards. In
many states, mainly Texas, all you need is to pass the Bar exam and obtain your
Bar card…”no experience necessary”… and one can handle a man or
woman’s life in his hands. Among the recommendations, are two defense lawyers, an investigator, a background specialist, and an expert to help with jury selection… for every defendant facing capital murder trials. The critic’s are already crying foul and asserting that cash strapped states cannot afford to do more. Yet those same states that claim to not have the cash, spend $ 2,5 million dollars for each execution. The absurdity of such a statement fits the description of ignorance for saying such, but then too pro-death penalty folks are known for stupidities in order to justify their barbaric acts. In Illinois and Maryland, those Governors saw a problem with their system. At the very root of their broken system was one problem… bad legal representation by incompetent lawyers. Supreme Court Justice Sandra Day O’Connor and Justice Ruth Bader Ginsburg both have publicly questioned the “quality” of death penalty lawyers in 2001 year. Now, in March 2003, they will hear oral arguments on whether lawyers for a Maryland inmate on death row presented enough evidence for jurors to have considered a fate other than the death sentence. The case falls up under the Sixth Amendment, which “guarantees” every citizen the right to quality and competent counsel under the law. Unfortunately, our society has twisted the law for their own good…until one day it should happen to pertain “to them”. Then, it’s exactly as it is written. Peace, Farley Proposed Laws
before Texas Legislature for Consideration
Here forth are some of the bills that are being considered by Texas lawmakers. · HB 343; HB 345 ► bill relating to the abolition of the death penalty in Texas (no chance) · HB 366; HB 590 ► proposes a sentence option for capital murder juries → as life without parole (maybe) · HB 614; HB 664 ► relating to the applicability of the death penalty as punishment for capital murder for persons with mental retardation (strong chance at passage because of Supreme Courts to ban the practice) · HB 127; HB 372 ► relating to the prohibition of executing juvenile offenders under the age of 18 years old (highly unlikely to be passed) · HB 615; HB 665 ► relating to competency of Attorneys appointed to defend indigent capital Defendants (very likely to pass) · HB 170 ► relating to compensation under the Crime Victims Compensation Act (likely to pass – Highly) · HB 351 ► relating to the admissibility of certain evidence in Capital Murder cases by alleged accomplices and jailhouse informants (strong chance at passage) · HB 360 ► a bill relating to the admissibility of certain confessions in Capital Murder cases (hope for passage !) · HB 380 ► a bill relating to the imposition of the death penalty in certain cases where guilt of the defendant may be in doubt (possible chance at passage)
Justices on C.C.A. admit Mistake in Inmates Execution Most recently, three Texas Court of Criminal Appellate Judges → Tom Price, Cheryl Johnson and Charles Holcomb did one of the most courageous things I’ve ever seen in all of my years on Texas death row. These three Judges stepped out publicly and criticized their own court, which is a 9-member panel, for failing to stop the execution of Leonard Rojas who was executed on December 4, 2002. The Court knowingly has been appointing incompetent attorneys to death row inmates and Leonard Rojas had one who was incompetent… thus his execution should have been stopped on that merit alone. In 1995, The Texas habeas reform law written by Representative Pete Gallego, gave death row inmates one shot at the habeas corpus on the state level. To do such, he wrote that competent, qualified and experienced lawyers should be applied to death row cases. Legislators agreed, made it into law and gave appointment authority to the Court of Criminal Appeals as well as over $ 12 million dollars. The money was to be passed out to lawyers, expert witnesses, investigators and whatever the lawyer needed. Once the money was in the C.C.A’s hands, things drastically changed. They only decided to give lawyers $ 7,500.°° for a habeas proceeding which is an insult because the average cost of habeas is $ 20,000.°° to $ 25,000.°°. They put a cap on investigators $ 500.°° - $ 1,000.°°, another insult, as investigators can cost up to $ 10,000.°°… easily. And expert witnesses were capped at $ 2,500.°°, but the prosecutor pays their expert witnesses from taxpayer dollars up to $ 5,000.°° per day ! Most lawyers on the list balked, some refused to accept cases, while some took the cases in volumes and did nothing but collect a check. Example… one lawyer took 20 cases, and all cases had the exact appeal… word for word… verbatim !! He collected over $ 150 thousand dollars. When other honest lawyers caught him, the C.C.A.’s presiding Judge Sharon Keller said his efforts satisfy the court. Once he got away with that other attorneys jumped on the bandwagon… and only the inmates are the ones suffering. There are some 250 inmates up under the habeas reform law… some are still alive, while others are not. The fact that the judges took a moral stand publicly says a lot for their character. Even some Texas lawmakers have applauded the judge’s efforts to dissent. Especially Rep. Pete Gallego who authored the law, as he says this was not what he intended his bill to be. He wanted systematic fairness, and what he now sees, in an inmate executed on the merits of an incompetent attorney. The question he posed is … how many more were executed in the past ? This is no doubt, a remarkable confession of judicial error. It is an “after-the-fact” conclusion, but it is much needed to offset the wheels of injustice. This court knowingly appointed Leonard Rojas an incompetent lawyer and by vote of 6 – 3 refused to stop the execution. The majority chose not to correct their mistake and seen Mr. Rojas’ life as “expendable” rather than admit fault. The three who tried to stop it, were Tom Price, Cheryl Johnson and Charles Holcomb. The presiding Judge Sharon Keller stated that Rojas received fair treatment, but how can that be possible when the lawyer missed the filing dead line ? That act alone makes the inmate forfeit his right to have his appeal heard in the federal courts. It’s the same when a lawyer leaves out crucial legal claims (issues), they are then forfeited. This is called “procedurally barred” and there’s nothing “fair” in making an inmate responsible for an incompetent lawyer that the said court appointed. Sharon Keller stated that “importantly, any jurisdiction this court might have arguably had over applicants claims expired upon his execution and that the dissenters arguments come too late, serving no apparent legitimate purpose”. Her own words contradict herself, as in Anthony Graves’ case, she stated that there is no right contest whether an appointed appeal counsel deemed “competent” actually does a competent job. Talk about controversial contradiction !! Just to be sure, back up, re-read her prior statement. As I stated in another article in this issue, she’s known for saying not so intelligent statements. In fact, they’re down right stupid !!! Justice Tom Price, along with Mrs. Johnson and Mr. Holcomb pointed out that the attorney assigned to Mr. Rojas had no capital experience, had been disciplined by the State Bar numerous times, suffered from bipolar disorder “during” the case and by his own admission, performed cursory work and missed crucial Appeal deadlines. Price acknowledged that the Court is in an awkward position because it ”maintains” the list of “Competent” attorneys and he admitted that it was difficult to admit that mistakes have been made. Judge Sharon Keller blasted Price and his two colleagues for bothering the issue of an opinion after its subject had expired by execution. I told you she says stupid things !!! Courage, is not bestowed to all, but then too, neither is ignorance. Myself, I admire and respect those three Judges for, in my opinion, it is not too late for the next death row inmate. For Leonard Rojas, yes, but now his death seems to not be in vain. Did I mention that on the so-called competent list… a name is there and the man has been dead for 3 years… no wonder he wouldn’t come see his clients. Several on the list have been disbarred within the last 6 months, but they’re still on the list ! Peace Contaminated DNA
Lab Causes New Tests in Texas The Harris County district attorney’s office and Houston Police Crime lab. has been accused of using contaminated DNA evidence against its defendants. During an internal investigation, officials from city hall found massive leaks in various places where DNA evidence and other evidence is stored while inmates appeals are carried out. In some places meld, a highly bacterial contaminant was plainly evident in full view. This prompted many lawyers of general population inmates convicted of rape to have retesting done. The first one, came negative and the crime lab technician testified in the inmate’s trial she was 100 % per cent positive through test results that the inmate was guilty. Strange how new tests refute that tremendously. The inmate is set to be released from his 25-year sentence soon. The avalanche has begun and now death row inmates’ lawyers are reacting. So far, the district attorney has said 7 Texas death row inmates’ cases will be reviewed and retested. My question is this…what about those who’ve been executed ? Bill would Permit
Multiple Stays for Death Row Inmates The Governor would be able to grant multiple 30-day stays for death row inmates under a bill filed Wednesday by a Houston Lawmaker. Currently, the Governor has the power to grant one 30-day reprieve. The legislation filed by Senator Rodney Ellis is designed to give an inmate more time to complete DNA testing or to finish pursuing other legal avenues. Mr. Ellis stated that this bill makes absolute perfect sense because as a State official, we are bound with a certain responsibility…and we must make sure that when Texas executes someone, it is because that person is guilty and eligible to be executed. The Harris County Prosecutor Chuck Rosenthal completely disagrees with the idea, as he feels that one 30-day stay is enough. That is to be expected coming “from the prosecutor” of the most deadliest county in Texas, but this is the same man who asked for multiple 30 day extensions for up to one year so he could fight a federal Judge’s order for Calvin Burdines (Texas death row) new trial. Funny how they bend the rules for themselves, but not for us, and we pay a high price. Justice Proposes
to combine Texas’ 2 Highest Courts The Texas Supreme Court Justice, Tom Phillips proposed to Texas lawmakers that they eliminate the highly controversial Court of Criminal Appeals and save the State $ 300,000.°° dollars per year. As he stated, it would not only save the State money, but it would foster justice and bring about some sort of integrity and belief in Justice to our system. The Texas Supreme Court is only responsible for civil matters, whereas the Court of Criminal Appeals is responsible only for criminal matters and death penalty appeals. Justice Phillips went as far as to propose eliminating two positions on his court, abolish the 9 member Court of Criminal Appeals and then combine it’s purpose into the Texas Supreme Court, which would then be responsible for all matters, both, criminal and civil. He stated that all other states in America have one court which handles all matters, except Oklahoma … and that the United States itself has gotten by pretty good with “one” Supreme Court for two centuries and more. For some years now the Court of Criminal Appeals has been accused by vast amounts of evidence…. of seizing any technicality to thwart a death sentence. It goes to the very extreme to uphold a death sentence and its presiding judge, Sharon Keller, will do and say anything to justify her illegal acts of misapplying justice. Such as the most recent statement concerning the execution of Leonard Rojas who was executed on Dec. 4, 2002. Three Justices it should’ve been stopped… because of incompetent attorneys. She says their acts “came too late and prove too little”, so why complain now !.. Rojas is dead. As I said, she’s known for stupid statements but now, you see for yourselves just how ignorant she can really be. And to think, she actually went to college for 7 whole years to attain such a level of intelligence. Peace
Mississippi Death
Row Conditions Horrible In Mississippi, some death row inmates have been brought before the states legislative body to testify about the horrible conditions that exist at Unit 32, which houses all Mississippi death row inmates. Inmate William Holly testified the first day on a lawsuit brought on by six of his fellow inmates and the American Civil Liberties Union (A.C.L.U) against the Mississippi Department of Corrections. The suit alleges that M.D.O.C. officials knowingly subjected death row inmates to inhumane conditions leading to pain, suffering and mental instability. Holly testified that he has received inadequate treatment for depression and anxiety caused by conditions during his 10 years of incarceration. He testified that feces and filth often bubbles up in his toilet when those in the cell next to his flush their toilet. A witness for the M.D.O.C., James Balsimo said improvements have been made, but a visit on February 11, 2003, to Unit 32, revealed more things that needed to be done in the very immediate future. He stated that insects, filth, lack of water and showers, high temperatures inside the cells and lack of fans for adequate ventilation are among the many short comings, ventilation is a highly stressed necessary, as he stated that without adequate ventilation, tuberculosis can be highly contagious among inmates and guards. He testified that once the inmates went without water and sewer for over a week. During that time, the inmates were given a small cup of water with their meals, they took no showers and toilets were systematically flushed once a day by maintenance at the outside control box. Court rules
Insane Inmate can be executed. A federal appeals court recently ruled that a paranoid schizophrenic Arkansas death row inmate is legally “sane” when only he is “forced” to take medication, thus is eligible for execution. A sharply divided 8th Circuit Court of Appeals lifted a “stay of execution” order for Charles Singleton, saying his medically induced sanity makes him absolutely eligible to be executed. Six of the eleven judges on the court said that because Singleton prefers to be medicated, and because the State of Arkansas has a compact interest in having sane inmates, the side effect of sanity should not impact his upcoming fate. Four dissenting (opposing) Judges said it would be wrong to execute Singleton, who becomes paranoid and delusional when “not medicated” … and in some times psychotic “while medicated”. Based on the medical history of the case a judge concluded that a drug induced sanity is not the same as true sanity… and in his professional opinion, Singleton is not cured by the powerful drugs he is being physically restrained and forced to take. In October 2001 a panel of 8th Circuit judges ruled that Singleton be sentenced to life in prison without the possibility of parole, but recently reversed themselves and re-installed Singleton’s death sentence. The State’s prosecutor stated that it was his duty to continue pursuing the case, but from my perspective, I only see it as vindictiveness. No one can speculate on the demonic voices within Singleton’s head and what I truly see through all the political and judicial smoke… is an inmate caught between a rock… and a hard place… classical catch 22 situation… if he takes his medication, he’s legally sane, but if he doesn’t he has to deal with inner demons, his own psychotic behavior and physical force to be made to take his medicine…. all so he can be executed. Farley C. Matchett
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