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October 18, 2009

Reviewing Texas's recent record on capital clemency

The Houston Chronicle has this new article on capital clemency in Texas, which is headlined "Perry uses clemency sparingly on death row; Governor has never called off an execution on a claim of innocence." Here are some notable snippets:

In nearly nine years as Texas governor, Rick Perry has never spared a life based on a claim of innocence and only once delayed an execution in such a case, according to a Chronicle review of public records, clemency statistics and information from the governor's office.

During that same period, officials in other death penalty states granted clemency for humanitarian reasons at least 200 times — 171 based on questions of innocence in Illinois alone.

Texas has executed 200 convicts under Perry's watch, but he has spared just one condemned man's life in a case in which he was not compelled to do so by the U.S. Supreme Court.  In that case, the inmate Perry saved in 2007 was not a killer but the admitted driver of a getaway car, condemned alongside the triggerman in a joint trial under Texas' tough “law of parties.”...

Clemency — the use of executive power to reduce, forgive or delay a sentence — is considered the last fail-safe in the death penalty review process nationwide.  Yet in Texas, it is almost never granted.  In fact, at least 50 of the past 200 executions were carried out without any clemency board review at all, a Chronicle analysis of state execution and parole board statistics shows.  Other death row inmates' final pleas for mercy were rejected for arriving after the board's deadline....

In Texas, alone among the states that use parole boards for execution cases, the board never meets to review applications from the condemned. Instead, its members vote via fax. Efforts to reform the process have been unsuccessful....

Paddy Burwell, a retired Exxon geophysicist who served on the parole board from 1999-2005, recalled several troubling death row reviews when he said he received subtle pressure from other members to vote against clemency. “I don't think they care whether a person is guilty or not guilty,” Burwell said.

October 18, 2009 at 09:27 PM | Permalink

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Comments

The clemency for the driver of the getaway car was wrongheaded. Felony murder laws are effective, and should not be undermined by arbitrary executive decisions. These overturn court verdicts and appellate reviews.

No one faxes. Any reform of process should look to online voting and discussion in a non-private chat room. Burwell is free to apply subtle pressure to others to change their votes. It is called, a discussion. He makes it sound unethical to argue a personal opinion.

I have no doubt many of the murder victims begged for mercy their last minute on earth. Not a word about their merciless treatment. They generate no lawyer fee, so may rot.

Posted by: Supremacy Claus | Oct 19, 2009 6:48:20 AM

I'd have awarded this the "effective" article title, as it highlights the invitation Texas keeps open for the execution of innocents.

Posted by: FC | Oct 19, 2009 10:29:59 AM

sounds to me like it's long PAST TIME someone showed the leaders of this state the same mercy they have shown their CITIZENS.

Posted by: rodsmith3510 | Oct 19, 2009 2:33:00 PM

I never understand why journalists refer to the Texas law of parties statute as "tough." It's identical to every state's law of parties statute (except, I believe, Virginia's).

Posted by: Ed | Oct 19, 2009 6:23:49 PM

Ed, because most journos have a visceral reaction against the death penalty.

Posted by: federalist | Oct 19, 2009 9:59:28 PM

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