The ABA Texas Death Penalty Assessment is at the link.
The updated AP report is, "Report heaps new criticism on state death penalty," by Paul J. Weber. It's via the Longview News-Journal.
A man who spent 18 years on death row in Texas before being exonerated by DNA evidence joined former Gov. Mark White on Wednesday in presenting a report that calls for lawmakers to pursue reforms in the nation’s most active death penalty state.
The new report from the American Bar Association urges the state to strengthen standards for eyewitness identification and require video recordings of suspect interrogations. The 500-page report also recommends reducing barriers to post-conviction DNA testing.
White, who served as governor from 1983 to 1987, oversaw 19 executions during his term. He helped unveil the report along with Anthony Graves, who was wrongfully convicted in the slayings of six family members.
“It reminds us that ultimately the death penalty becomes a very, very personal situation,” White said.
Texas executed its 500th inmate this summer. It has accounted for nearly 40 percent of the more than 1,300 executions carried out since 1977, when a Utah inmate became the first U.S. prisoner executed following the Supreme Court’s clarification of death penalty laws. Virginia is a distant second, nearly 400 executions behind.
And:
The report does praise the state for making some “significant improvements” in capital punishment cases in recent years. The most well-known is the Michael Morton Act, named in honor of a Texas man who spent 25 years in prison for a crime he did not commit. The law signed by Gov. Rick Perry mandates that prosecutors statewide share case files that can help the defense.
But the report asks that the state do even more for inmates post-conviction. Among the recommendations are requiring the state Board of Pardons and Paroles to conduct public hearings in any case in which clemency is sought.
"Study cites flaws in Texas death penalty system," is by Chuck Lindell in the Austin American-Statesman.
An intensive two-year study of the death penalty in Texas, sponsored by the American Bar Association, found a system that is riddled with flaws and shortcomings, undermining confidence that innocent defendants will be spared lethal injection in the nation’s leading state for executions.
The almost 500-page report, distributed to state political leaders Wednesday, did not call for a moratorium on executions. Instead, it offered a long list of recommendations intended to improve fairness and accuracy in capital murder cases.
“What we found, time and time again, is Texas fell short,” said Paul Coggins, a former federal prosecutor from Dallas and a study team member. “We’re simply out of step with the better practices in other states.”
Texas is the 12th state to be examined by the bar association’s death penalty review project since 2006.
And:
Before a death sentence can be given, Texas jurors must determine that the convicted murderer poses a future danger to society — a process that opens the courtroom to junk science, speculation and racial bias, the report said.“That’s totally reading tea leaves,” Coggins said. “It has no scientific basis, yet it’s powerful, powerful testimony.”
Texas should join most states in abandoning the question of future danger, or at the very least clarify the term for jurors who continue to struggle with its meaning, the report recommended.
The Dallas Morning News posts, "Report urges reform of Texas’ death penalty system," by Brittney Martin.
“What we found time and time again is that Texas fell short,” said team member and former U.S. Attorney Paul Coggins. “We’re simply out of step with the better practices in other states.”
Their 500-page report, released today, examines every step of the process from evidence gathering and testing to final clemency hearings. The team recommended changes at almost every level. Recommendations include ensuring all procedures are science-based, educating juries, recording interrogations, and increasing training for trial judges and attorneys.
Anthony Graves became the 12th death row inmate to be exonerated in Texas after 18 years in prison.
“We have a failed system from top to bottom,” Graves said. “I am your living flaw.”
"Report: Texas death penalty system needs overhaul," is YNN Austin coverage by LeAnn Wallace. That is Time Warner Cable's 24-hour local news channel. There is video at the link.
Formerly on death row, Anthony Graves calls himself living proof that the system is flawed.
"I had two execution dates,” Graves said. “I was almost murdered by the state of Texas. Had this been in place, you probably wouldn't even know my name today."
Graves spent 18 years in prison, 12 of which were spent on death row. He was exonerated after a fifth circuit court said the prosecutor intentionally withheld evidence that could have helped his case.
Since then, Graves has been working to prevent future cases like his.
"If you are serious about justice in our state, then you will read this and you will implement this and you will stand up for justice for us as a society," he said.
Texas public radio stations also covered the news conference. All have audio at their respective links. "Report: Texas Executions Conducted Under Broken System," is by Carrie Powell for Austin's KUT-FM.
“The report finds that Texas’s system not only falls short of [American Bar Association] benchmarks, but reflects outlier practices, rejection of best available science, and a significant absence of transparency to foster public confidence in the system’s fairness,” says Jennifer Laurin, committee chairwoman and law professor at UT-Austin.Specific problematic practices identified by the committee include:
- Confessions filmed without context or credibility
- Prosecutors not disclosing evidence that proves innocence
- Unerfunded and ill-equipped crime laboratories
- Refusal to allow new DNA testing of convicts following sentencing
The committee claims that these poor practices cause unnecessary harm to both the wrongfully accused and the general public. According to Paul Coggins, former U.S. Attorney for the Northern District of Texas, the state has paid out $60 million to wrongfully convicted individuals since 1992.
Dallas' KERA-FM posts, "Death Penalty System In Texas Needs Reform, Lawyer Group Says," by Eric Aasen.
The report is part of a six-year effort by the American Bar Association to examine how sates that offer the death penalty “ensure fairness and minimize the risk of executing the innocent.”
The association says it has conducted assessments of the death penalty systems in Alabama, Arizona, Florida, Georgia, Indiana, Kentucky, Missouri, Ohio, Pennsylvania, Tennessee and Virginia.
"Study Finds Shortcomings In Texas Death Penalty System," by Pat Hernandez for KUHF-FM, Houston.
The Texas Capital Punishment Assessment team was made up of former judges, prosecutors, elected officials and legal scholars, like Professor Jennifer Laurin at the University of Texas School of Law. She chaired the team that prepared the report:
"The structural features of our system insulate and exacerbate predictable missteps at early stages."Since 1989, there have been 132 Texas executions overturned, including those of 12 people who were on death row, like Anthony Graves. He was exonerated and released in 2010 after spending 14 years on death row, for a crime he did not commit.
"There are many people in prison for many different reasons. Some because they're innocent and just couldn't afford a competent attorney to represent their rights during trial."
Former Texas Gov. Mark White, was another member of the assessment team. 19 executions occurred during his term as governor. He said the goal of the report was not to call into question the use of the death penalty in Texas, but to ensure that it is implemented fairly.
Earlier coverage of the ABA Texas report begins with the preceding post.
The ABA Death Penalty Due Process Project has more information and links to other state assessments.
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