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Activists call for execution freeze

Protestors present death penalty moratorium petition to governor

By Vidushi Shrimali

Daily Texan Staff

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Published: Wednesday, October 28, 2009

Updated: Wednesday, October 28, 2009

Anna Terrell

Tamir Kalifa/The Daily Texan

Anna Terrell weeps outside of the state capitol at the loss of her son, death row victim Reginald Blanton, moments before his execution in Huntsville, Texas. Blanton received a lethal injection Tuesday evening for the shooting of 22 year old Carlos Garza in April 2000.

Shujaa

Tamir Kalifa/The Daily Texan

Former death row inmate Shujaa Graham carries a 6,000 signature petition asking for a moratorium on the death penalty to Gov. Rick Perry’s Office.

Anti-death penalty activists joined two exonerated death row inmates Tuesday to deliver a petition for a moratorium on the death penalty to Gov. Rick Perry.

The protestors unveiled large papers covered with more than 6,000 signatures asking for a halt to executions in Texas.

After the unveiling, supporters joined former death row inmates Shujaa Graham and Curtis McCarty as they presented the petition to Perry’s office.

Perry did not accept the petition himself.

Graham, a volunteer for Texas Moratorium Network, said he dedicated his life to the abolishment of the death penalty after being found guilty for the murder of a prison guard that he didn’t commit and spent six years shuffling between death row and county jails.

McCarty spent 19 years on death row despite winning three appeals that proved that he did not commit the murder of a woman he had barely known.

McCarty was exonerated after the FBI reevaluated his case and determined DNA evidence from the crime scene and victim’s body did not match his own. After five years on death row, the government released him from jail.

Graham and McCarty now travel around the country educating people about what they believe are fatal weaknesses in the death penalty system. Under the Texas Moratorium Network, they support the passage of a bill proposed by state Rep. Elliott Naishtat, D-Austin, that suggests a moratorium on the death penalty.

Naishtat has pushed for the bill since 2001.

“Sometimes it comes to court, sometimes even to hearing. We will keep filing it. That’s the right thing to do,” said Dorothy Browne, Naishtat’s chief of staff.

Browne says that though the public majority is currently pro-death penalty, the majority is slowly shrinking, especially because of cases like Cameron Todd Willingham.

Willingham was executed in 2004 for the death of his three children in a house fire he was accused of starting.

In August of 2009, Texas Forensic Science Commission investigator Craig Beyler released a report evaluating the crime scene, details and case history, which concluded the fire was not arson, and therefore Willingham was not guilty on the charge of arson.

Anti-death penalty and pro-moratorium groups and individuals across the nation are hoping that Willingham’s story will prevent another innocent man from being executed for a crime they did not commit.

A statement e-mailed by Perry’s office, said that, despite Beyler’s report, “like most Texans, Gov. Perry supports the death penalty for those who commit the most heinous crimes.”

McCarty said out of the 1,200 death row sentences since 1964, 138, or roughly 10 percent, have been exonerated.

“Todd Willingham shows us we have to remember law enforcement officials, judges and juries are human beings. We want them to be perfect but they can’t [be]. So we can’t risk the death penalty. If your bank told you there was a 10 percent rate of failure each month, you wouldn’t put your money there. If the school buses had a 10 percent chance of an accident, they wouldn’t put their children there,” McCarty said.

Nicholas Prelosky, executive director of Young Conservatives of Texas, said he believes while Todd Willingham’s case is unfortunate, it shouldn’t justify the removal of the death penalty.

“Juries and judges should have options available to them. Because [they] can make mistakes doesn’t mean they should be stripped of their right to [give] correct punishments,” Prelosky said. “If there is the slightest doubt in a case, then maybe they should consider a different punishment. But if there is concrete evidence, if the crime is heinous enough to merit [the] death penalty, capital punishment should be on the table.”
Anna Blanton, mother of Reginald Blanton who was executed Tuesday afternoon for a murder he professed he did not commit, came to a protest at the steps of the Capitol on Tuesday to support the moratorium effort.

Austin resident Scott Cobb, president of Texas Moratorium Network, hoped that the petition would convince Perry, who, despite the results of Beyler’s report, refuses to clear Willingham of any guilt.

“Perry is trying to hide the fact that he is the first governor in the nation who sentenced an innocent person to death during his tenure,” Cobb said.

Comments

8 comments
Temple
Fri Oct 30 2009 16:33
Lemple: Nothing that you have responded with really has any bearing on what I said about the accuracy of the article. You actually only confirm the inaccuracy. Thanks.
Edward Oden
Fri Oct 30 2009 13:09
If we are to stand for true justice, then punishment must be proportionate to crime. God may forgive you for your sins, but while you walk this earth you are also answerable to the laws of men. I support the Death Penalty as a just and upright punishment for those who commit murder.
Lempel
Fri Oct 30 2009 04:02
Temple,

I believe what the reporter meant to attribute to McCarty as having said was that there have been about 1200 executions, not death sentences, in the modern era. The actual number is 1178, so he was pretty close. The number of exonerations from death row was accurate as of the writing of this article, 138.

The idea that some of the signatures were not valid is not applicable here, because "validity" of petition signatures usually refers to petitions that are collecting names towards certain official goals, for instance, getting a certain number of registered voters within a certain political district to sign a petition to qualify a proposal or candidate for a place on a ballot. This was not such an official petition. It was open for everyone to sign regardless of where they live, so there are no "invalid" names on it, except for perhaps a few that signed with false names.

Perry not accepting the petition himself is normal. Petitions are not usually accepted in person by the official it is being given to, unless the official has somehow asked for the petition to be submitted or is supportive of the petition.

The delivery was not a protest, it was just a delivery. The protest was on Saturday and was attended by hundreds of people. The delivery was accomplished by the few people mentioned in the article. It seems to have been delayed until Tuesday because the governor's office was closed on Saturday when the petition was first brought to the capitol during the protest on Saturday.

R. Stefancik, M.D. BA 78 MD 82
Wed Oct 28 2009 20:35
As a medical examiner who has testified in a number of murder cases, I can vouch that the quality of defense lawyers and jurors is all over the map on a daily basis. For those of you who support the death penalty, I would simply ask, "How many innocent people are you willing to sacrifice in order to kill one Timothy McVey?" I feel it should be zero. I would support the death penalty only in cases of proved genocide. If your answer is above zero, then I would ask, "Would you be willing to offer up yourself or someone in your immediate family as an innocent victim?"
Temple
Wed Oct 28 2009 18:37
Although I agree with very little of what MAXIMA wrote, at least it was well written.
1911
Wed Oct 28 2009 17:21
So should we not punish anyone, just in case we are wrong? Silly idea. We will never have a perfect system. We can strive to improve, of course. But we shouldn't NOT punish based on we might sometimes have the wrong person. We should focus on improving methods to have the right person. Rule for the majority, not based on the minority...
maxima
Wed Oct 28 2009 14:09
Yes, the governor was out of the state which probably was to demonstrate that he had no interest if he allowed to have another innocent man executed. And if there were some invalid signatures amongst the 6000 this is not so important. And if all people who attended the protest are on the picture or not does not matter either. If there are 139 or 138 people exonerated does not matter either. It is about the fact that the justice system is flawed and that therefore there should be a halt to the executions. It is unfortunate if an innocent person dies? I wonder if this person was in that situation what he would feel. It is unfortunate when it effects other people. What about the guilty person still being free. It would have been the task of the police to find the right person. But as long as they can get a hold of someone to blame it on and can close the case. This man, Reginald Blanton, had a lawyer who did not do his work and this caused him to be in this situation. What good is that the DR inmates can file appeals if the lawyers they have in most cases could not care less, some even declare that their client is guilty, like it happened with this cowboy kind of lawyer that Todd Willingham had. This is not the way to act if you claim to be a serious lawyer. So many wrongs and innocent people must die and this is declared colateral damage. How zynical. As long as Texas or any other state cannot do this right, they should not do it at all. It is easy to kill someone but not to bring him back. In my eyes this is murder just the same. Why did this mother also have to lose her son, the family and his fiance, why? This man was 28 years and he denied that he committed that crime. And he did not get the chance that he should have gotten. Still people claim if someone had a "fair" trial that is enough. What is a fair trial when the lawyer does not do his work? Because things are mostly far from fair to begin with, this is why it is time for a moratorium. And I am certain that it won't be that long before Texas will realise that it is even saving the tax payers a lot of money to sentence the people to life instead of killing them. And ask the Journey of Hope, there are victim's family who can confirm that they can heal without causing any more additional violence by killing someone. And there are more innocent people on DR in Texas and throughout the states. They have a right to get justice at last.
Temple
Wed Oct 28 2009 06:30
Did anyone look at this article before it was published? For example, why did Perry not accept the petition -- he was out of state, but a governor normally would not anyway. How many of the signatures were valid? Typically at least 1/3 are not. How many people participated in the protest? All the pictures show is 5. There have not been only 1200 death row sentences since 1964. 138 death row inmates have not been exonerated. The list goes on!