death row news Farley Matchett

October 2002

Nebraska’s Death Row cases overturned
Seven Protesters cleared from 1997 Protest at U.S. Supreme Court
Penry receives 3^rd death Sentence
Criminal Justice Board hears Public Visions
Texas DNA Law…Fact or Fiction ?
Three Supreme Court Justices call for Review in Juvenile Death Sentences
Florida Death Row Inmates endure High Cell Temperatures.
New Rules or Obstructional Violations by Federal Law ???
Spiritual Thought

Nebraska’s Death Row cases overturned

All seven of Nebraska’s death row inmates had their death sentences overturned after the U.S. Supreme Court ruled that juries, not judges must decide if a person is to be executed.

Due to the fact that a trial judge or a three-panel judge decides Nebraska’s capital punishment cases, all of the States death sentences must be reconsidered after the High Court’s 7-2 ruling. The High Court held strongly that when a Judge imposes a sentence, it violates the defendants right to a trial by jury, which is a constitutional right.

The ruling came from an Arizona inmate who challenged the validity of his sentence on the right to a trial by jury. The Supreme Court agreed with him on the merits of his challenge and the ruling will apply immediately in Nebraska, Idaho, Montana and Colorado.

Attorney for the seven inmates insist that they should have their sentences commuted to life rather than engaging in expensive hearings. They stated that it makes perfect sense when the states fiscal resources are stretched beyond their limit.

A the present time it is unclear whether the ruling will have a spill over effect in 4 States that have juries only recommend whether a defendant should receive life or death…. Florida, Alabama, Indiana and Delaware. A Judge makes the final call in those cases, but he could overlook a juries recommendations and impose his own sentence.

Seven Protesters cleared from 1997 Protest at U.S. Supreme Court

A district of Columbia Superior Court Judge acquitted seven death penalty protesters, saying that they were arrested inappropriately although the law prohibits demonstrations like the one’s they did on the steps of the U.S. Supreme Court.

The defendants argued that the First Amendment to the Constitution allowed them to stage a demonstration on the high courts highest step and that the Supreme Court police did not give them adequate warning before seizing their banner and arresting them.

The protesters climbed the steps at the Supreme Court and unfurled a 30-foot banner that stated …”STOP EXECUTIONS !” Supreme Court Police said the protesters violated a law that banned such demonstrations. The protesters counter argued that the Plaza, the steps and the building are all the property of the people, as it is we United States Citizens who pay taxes and our taxes pay for those buildings….said one protester.

The Judge who presided over the case, Judge Mildred M. Edwards made the ruling in a non-jury trial, but she stated that it was one of the toughest decisions in her career as a trial judge and that it (decision) has no binding effect on future cases of trespassing at the Supreme Court. Legal experts say that the decision may embolden others to protest at will.

Penry receives 3^rd death Sentence

A Texas jury rejected all arguments that Johnny Paul Penry was mentally retarded and sentenced him death for the third time. He has had three trials and all have resulted in the ultimate punishment…. A death sentence.

Penry, whose I.Q. has never ever tested above 70, has twice avoided death sentences when the United States Supreme Court overturned them in 1989 and 2001.

On June 30^th of this year, the Supreme Court ruled 6 – 3 that executing the mentally retarded is in fact, unconstitutional. So District Judge Elisabeth Coker told jurors that during the competency hearing of Penry, they had to establish a finding that Penry was not mentally retarded in order to impose the death penalty for the third time.

On the day that the Supreme Court ruled, Penry’s lawyers gave an oral motion before the Court asking that the trial be stopped since the High Court had ruled it unconstitutional to execute the retarded. Judge Coker denied the lawyers motion and verbally stated …”this trial will go all the way through it’s complete.” By law, she was obligated to accept the motion and stop the trial. In doing so, she would have had to impose an automatic life sentence. A life sentence would make Penry automatically eligible for parole. After all, he’s only been locked up 20 plus years. Due to his I.Q. I am certain that he will eventually be sent to general population under commutation because his I.Q. is in the low 60’s.

This is a perfect example of unbridled vengeance and hate because to look at Penry, is to physically see that something is not stable with him. To hear him speak, confirms that. For Penry, it is whom he killed that makes it difficult for him. The lady’s brother was a local football hero in Livingston and at the University of Texas in Austin and then he went to the Nations Capitol – Washington D.C. to play professional football for the Washington Redskins. Money, power and political influence are what they are using against Penry. So far they’ve been successful, but I’m sure that Penry will survive safely and it will be a lesson in living and forgiving.

Criminal Justice Board hears Public Visions

The Texas Board of Criminal Justice has now allowed public presentations “once” a year to be voiced at one of the meetings about any topic under the Board’s jurisdiction.

Each presentation were limited to “3” minutes each and must be a topic under their governing. As tax paying citizens who pay these individuals $80 thousand dollar a year salaries, any citizen is or shall I say “should” be automatically entitled to openly speak at any and every meeting. Because of the dirt and corruption, they do any and everything to keep outside voices to a minimum.

Ms Nancy Bailey ,Ms Peggy Connally and Ms Allison Dieter all pleaded for more humane conditions on death row, which would include arts and crafts, work programs, social inter-action with other inmates and television. These ladies outlined the incredible sensory deprived inmates and how some have gone insane from sensory deprivation. They also suggested that the system institute a more better grievance system so that it could address legitimate complaints.

Currently, we death row inmates are held in our cells for 23 hours a day. We get a 10 minutes shower, and 1 hour of recreation each day, but it’s simply a larger cage and you are still alone, so a lot of guys simply don’t go.

Texas DNA Law…Fact or Fiction ?

In the 2001 Legislation, lawmakers enacted a DNA law which would grant access to any inmate the opportunity to be tested “if” it would prove the inmates innocence. This covered death row inmates and General Population inmates.

Texas politicians praised it, but it is nothing more than a “show”. The Courts have now stepped in and virtually made it impossible to obtain a DNA test. You guessed it…..the Court of Criminal Appeals. The guidelines set forth by legislatures and the Courts interpretation of the law as it is written clash tremendously.

Many have applied, but not one has been successful enough to obtain testing. Richard Krutzner, a death row inmate applied for testing last year when his execution date approached. On the day of his execution, the Court of Criminal Appeals granted him a “stay of execution” by saying he was entitled to DNA testing. Three months ago, that very same Rogue Court came back and said Kutzner is not entitled to a DNA test. That act right there violates the US Constitution’s 8^th amendment on cruel and unusual punishment because they purposely took that man on an emotional roller coaster and dashed his hopes….then they executed him on August 7^th as he lay strapped to the gurney pleading his innocence.

There is another death row inmate who is facing execution in September and below is a list of those lawmakers directly involved in creating the DNA law. Write to them and express “your” views about the Court of Criminal Appeals backwards interpretations of the law and how Presiding Justice Sharon Keller should be removed. As a European, you have an International voice….just tell them you know voting Texans…. Smile.

The Honorable Robert Duncan

P.O.Box 12068

Austin Texas 78711

The Honorable Rodney Ellis

440 Louisiana; Suite 575

Houston Texas 77002

The Honorable Royce West

5787 S. Hampton Road; suite 385

Dallas Texas 75232

The Honorable Mike Moncrief

1701 River Run Toad; suite 504; Box 54

Fort Worth Texas 76107

Rep. Juan Hinojosa

612 Nolana Suite 410 B

Mc Allen Texas 78504

Three Supreme Court Justices call for Review in Juvenile Death Sentences

In an unusual dissent from an order declining to stay an execution, three justices of the United States Supreme Court urged the court to reconsider allowing juveniles to be sentenced to death.

The appeal which was considered, belonged to Texas death row inmate Toronto Patterson who was 17 years old at the time of his crime. M. Patterson was executed on August 28^th, 2002.

Justice John Paul Stevens wrote in his dissenting opinion, that …”given the apparent consensus that exists among the States and in the international community against the execution of a capital sentence imposed on a juvenile offender, I think it would be very appropriate to revisit the issue at the earliest opportunity”. Justice Stevens dissented when the court last considered issue in 1898 and once again has said that he remains firm in his belief that it is unconstitutional to execute people for crimes committed when they were younger than 18 years of age. Justice Ruth Bader Ginsburg and Justice Stephen Breyer also dissented, but did not say how they would rule but they added that reconsideration of the constitutionality of the execution of inmates for capital crimes committed when they were juveniles was warranted, given the courts ruling in June barring the execution of the mentally retarded.

Florida Death Row Inmates endure High Cell Temperatures.

In Florida, death row inmates are enduring temperatures that routinely reach 100° F and above each day inside of their cells. Many wet towels and the floor and sleep naked on the concrete in the puddle of water or on the wet towel.

These allegations are at the heart of a class action lawsuit that claims the heat inside Union Correctional Institution is cruel and unusual punishment and could lead to mental and physical illness….and even death.

U.S. District Judge Ralph W. Nimmons has toured the prison and last week, he personally interviewed some of the 300 inmates held at the facility. He is expected to make a ruling on the situation some time this year.

Those inmates have endured three summers in this dungeon type atmosphere. It is especially oppressive for older inmates and obese inmates and those with physical and mental health problems. Inmates who have high blood pressure are greatly at risk for strokes and heat related seizures. Inmates with mental health problems who take psychotropic drugs are at risk for seizures, heart failure and even death.

These inmates are confined in their cells for 20-22 hours per day where temperatures have been recorded at an all time high “inside the cell” of “113 ° F” degrees. That is physically barbarous to do any human being like that and a direct violation of the Eight Amendment to the U.S. Constitution’s ban on cruel and unusual punishment.

New Rules or Obstructional Violations by Federal Law ???

As of September 1^st, 2002, Texas death row inmates are allowed to purchase 30 stamps per spending period of 60 per two weeks. The rules say that if you use all your stamps, you can write the warden and ask for permission to purchase additional stamps.

Well, for some of us who correspond with a lot of people, this put us in a serious bind because with only 30 stamps per week, that means I can only write 10 overseas letters and not my family or my lawyer State side. I wrote and asked for permission like a lot of other inmates, but we have all been thoroughly denied.

This is a direct violation of the Federal law which is obstruction of the Federal mail. What these people are doing is trying to cut down our ability to communicate overseas as they know it takes 3 stamps per letter to go overseas. This is going to cause a Federal lawsuit, to which we inmates are now drafting and hope for file soon because the law says I have the right to communicate by mail as much as I choose as long as it is censored and screened. That means if I can afford 50 letters per week, I am entitled by law to send that as long as I send them through the proper security screening channels. Anything else that hinders me or any other inmate in a penal institution hinges on the grounds of obstruction of the Federal mail.

Once again I’ve picked a worthy fight and win, lose or draw, I fully intend to fight for the rights of my comrades and the rights to which I ‘m entitled to by law. Someone has to draw the line when these officials knowingly break federal mail laws.