Duane Buck's attorneys have filed a Cert Petition and a Motion for Stay with the U.S.Supreme Court.
With his execution scheduled to take place in just over an hour, there is still commentary being posted on the case for a halt.
Andrew Cohen posted, "Perry Fundraises in Iowa as Tonight's Prisoner Execution in Texas Moves Forward," at Atlantic three hours ago.
Twice in the past 20 hours the courts (state and federal) have rejected arguments to stop the execution. Buck's attorneys now have filed papers with the United States Supreme Court seeking relief from the justices. Emergency jurisdiction over matters emanating from the 5th Circuit are initially handed by Justice Antonin Scalia. He is the "circuit judge" for that judicial circuit. He will presumably pass around Buck's petition to his colleagues to see if there are enough votes for a stay. It is rare, but not unheard of, for the justices to intervene in Texas death penalty cases. They did so in 2009 in the case of Hank Skinner, a case involving DNA evidence, a matter which is still pending after the Supreme Court's ruling earlier this year in Skinner's favor.
Although the Texas clemency process has a disgraceful history -- again, I urge you to read Alan Berlow's memorable 2003 piece in The Atlantic on how Alberto Gonzales and George W. Bush fouled things up -- Gov. Perry and his colleagues have fought against making the vital process more transparent.
The updated AP report by Michael Graczyk is, "US Supreme Court asked to halt Texas execution amid questions about racial reference at trial," via the Washington Post.
Buck’s attorneys went to the Supreme Court after losing appeals in lower courts. A clemency request to the Texas Board of Pardons and Paroles, all of whom are Perry appointees, also failed.
Assistant Attorney General Edward Marshall told the Supreme Court Buck’s appeals were attempts to relitigate claims that every court, including the Supreme Court, already rejected.
“The record in Buck’s case reveals that no constitutional violation occurred during his sentencing trial,” he told the justices.
Perry was not in the state Thursday, meaning any final order to delay would technically come from Lt. Gov. David Dewhurst. However, Perry’s office frequently points out that he remains the governor and in contact with Austin while traveling.
Mike Walz, communications director for Dewhurst, said Thursday he would not comment “while any legal actions are still pending.” Perry generally has adhered to the same policy.
Also, this afternoon, the Washington Post has posted, "A victim’s plea for clemency for Duane Buck,"
by Phyllis Taylor, at its On Faith blog. It's a must-read. Here's an extended excerpt:
From the moment the crime happened, Duane has been deeply remorseful and taken full responsibility for the suffering he caused. Anyone who knows Duane understands that he was not himself on that terrible day in July 1995 when, under the influence of drugs and alcohol, he shot me and Debra Gardner and Kenneth Butler, who tragically did not survive.
Duane has been like a brother to me since well before the crime occurred. We spoke right after I was released from the hospital following the shooting. Duane expressed profound sorrow and disbelief at his actions. My Christian faith has taught me to forgive even the most horrible transgressions, and so I did just that. I forgave Duane that very day.
Last week in Austin, Texas, I shared my story of forgiveness with Governor Rick Perry’s legal counsel. I asked Governor Perry to listen to my call for mercy and halt Duane’s September 15 execution. Duane must be held accountable, but he does not need to be executed for justice to be served.
While in prison, Duane has been a model prisoner who has not had one single disciplinary problem. He has spent his days reflecting, atoning, and deepening his faith in God.
Turning to God has also helped me deal with my own grief – grief that will only be worsened if Duane’s execution goes forward. My faith teaches me that we must love one another and honor all life. I hope that Governor Perry, himself a man of faith, follows these lessons and stops the cycle of violence from continuing.
Duane’s execution would be particularly unjust because Duane’s race played a role in why he was sentenced to death. The prosecution presented evidence to the jury that Duane would be a future danger because he is African-American. Indeed, Duane’s trial prosecutor also recently appealed to Governor Perry to halt the execution to ensure that Duane receives a fair sentence.
Earlier coverage of the Duane Buck case begins at the link.
If Buck's execution procedes, it would be Texas' 11th execution of the year. It would be the state's 475th post-Furman execution since 1982.
Tonight's execution would be the 236th conducted under the administration of Rick Perry. He became Governor of Texas upon the resignation of George W. Bush in December 2000. 152 men and women were executed in five years under Governor Bush's tenure.
Houston's KPFT-FM will host Execution Watch on the web and it's HD radio broadcast signal beginning at 6:00 p.m. (CDT), tonight.
To date, there have been 33 executions in the nation this year; 1,267 post-Furman executions since 1977.
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