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October 26, 2023

Top Texas criminal court stays execution at last moment (and a quarter century after murder)

As reported in this AP piece, "Texas’ top criminal appeals court has stopped Thursday evening’s scheduled execution of a Texas inmate who had been condemned for killing another prisoner more than 26 years ago."  Here is more:

William Speer, 49, had been set to receive a lethal injection at the state penitentiary in Huntsville. The victim’s sister and religious leaders had recently asked authorities to spare his life.

Speer was convicted of the strangling death of Gary Dickerson in July 1997 at the Telford state prison, located near New Boston in northeast Texas.

His attorneys had asked the Texas Court of Criminal Appeals to stop his execution over allegations that prosecutors at his 2001 trial failed to disclose evidence, presented false testimony and that his trial lawyers failed to present evidence about Speer’s troubled childhood. They say Speer was physically and sexually abused as a child. Prosecutors have denied the allegations against them.

Less than five hours before his scheduled execution at 6 p.m. CDT, the appeals court granted the request by Speer’s attorneys. “We have reviewed the application and find that (Speer’s) execution should be stayed pending further order of this Court,” the appeals court wrote in its two-page order. Speer’s lawyers said the stay order cannot be appealed to federal courts because it is a state law issue.

His lawyers said Speer has transformed while in prison, expressed regret for his actions and now helps lead a religious program that ministers to other death row inmates.... The Texas Attorney General’s Office did not immediately reply to an email seeking comment....

At the time of inmate Dickerson’s killing, Speer had been serving a life sentence for fatally shooting a friend’s father, Jerry Collins, at the man’s Houston area home in January 1991. Speer was 16 then.

The paroles board on Tuesday voted 7-0 against commuting Speer’s death sentence to a lesser penalty. Members also rejected granting a six-month reprieve.

Speer killed Dickerson in a bid to join the Texas Mafia prison gang, prosecutors said. The gang ordered the hit after mistakenly concluding Dickerson had informed authorities about tobacco it had tried to smuggle into the prison. Speer and another inmate, Anibal Canales Jr. were sentenced to death for the killing. Canales remains on death row.

At Speer’s trial, Sammie Martin, who is Dickerson’s only living sibling, told jurors her mother was devasted by her brother’s death. But Martin asked that Speer’s life be spared. “I have spent much time reflecting on what justice my brother and my family deserved,” Martin wrote in federal court documents filed earlier this week. “In my heart, I feel that he is not only remorseful for his actions but has been doing good works for others and has something left to offer the world.”

Martin said she was never informed by prosecutors about Speer’s scheduled execution. In court documents filed this week, lawyers with the Texas Attorney General’s Office said that despite Martin’s feelings about Speer’s execution, “the state retains its interest in deterring gang murders and prison violence, as well as seeing justice done for Dickerson.”

A group of religious leaders from around the country have also asked that Speer be spared. In a letter to the paroles board and Gov. Greg Abbott, they wrote that Speer’s religious work with other prisoners “does not excuse his actions, but it gives us a fuller picture of who Will is as a human, Christian, leader, and teacher.”

October 26, 2023 at 08:19 PM | Permalink

Comments

Why are judges such wusses when it comes to capital punishment? Dude killed another prisoner. No question about guilt.

Posted by: federalist | Oct 27, 2023 10:18:10 AM

I long for the days of Sharon "Killer" Keller.

Posted by: federalist | Oct 27, 2023 10:18:30 AM

“Guillotine! Guillotine!!” screams ‘federalist DeFarge’, knitting needles and all. I suspect the same other ’usual suspects’ will soon chime in.

Posted by: SG | Oct 27, 2023 12:02:52 PM

"“Guillotine! Guillotine!!” screams ‘federalist DeFarge’, knitting needles and all. I suspect the same other ’usual suspects’ will soon chime in."

There are serious arguments against the death penalty. But something like this is just burping. Why? What purpose gets served? It's just Internet flotsam.

For serious arguments, see this site: https://fedsoc.org/commentary/publications/death-penalty It's an on-line debate between two abolitionist experts v. the brilliant Kent Scheidegger and me.

Posted by: Bill Otis | Oct 28, 2023 10:19:29 AM

"I long for the days of Sharon "Killer" Keller".

and then

"Why are judges such wusses when it comes to capital punishment?"

I echo the words of the noted scholar, Bill Otis:

"something like this is just burping. Why? What purpose gets served? It's just Internet flotsam".

Posted by: SG | Oct 28, 2023 3:44:16 PM

SG --

Best to attend to your own behavior before acting as the critic of the behavior or others.

As to whether I'm a "noted scholar" -- I make no such claim, but just for the record, I'm a graduate of Stanford Law School and teach at Georgetown Law School. You?

Posted by: Bill Otis | Oct 28, 2023 7:34:31 PM

SG, you're an idiot. My call-out is a fair one.

Posted by: federalist | Oct 30, 2023 12:27:00 PM

Bill,

You wrote: "Best to attend to your own behavior before acting as the critic of the behavior or (sic) others".

To what behaviors of mine are you referrring? Is the excercise of my 1st Amend. right to voice opposition to that other person's views somehow objectionable, inappropriate or irregular on this blog site? Hardly.

And my framing of that other person's views on the death penalty as a that of a modern-day 'Madame DeFarge' is entirely fair, and accurate. I have, in the past, presented arguments articulating why I believe capital punishment is neither effective nor justified in the vast majority of such prosecutions. I did not change your mind, nor the other person's mind, and neither have your or his arguments changed mine. Another 2000 word essay with citations and footnotes on the subject will be futile.

And if I recall correctly, you have hurled explicit ad hominems at me consistently over the past years (specifically calling me insane, stupid, dumb, ignorant and more). This you cannot deny. I have never responded in kind.

On the other hand, I have always sought to be creative and entertaining in my postings, taking the time to present my views in my own good-natured albeit acerbic style. I am miffed as to why you would react so vehemently.

And by the way, I do think of you as scholarly. It wasn't a criticism of you in any way. You may be a bit too sensitive.

And I've never been so crass and boorish as to blatantly call someone "an idiot" on here nor anywhere else. It's an embarassment for that other person to do so.

Posted by: SG | Oct 31, 2023 9:49:32 AM

You are an idiot, SG. My comment is brief, yet it still makes the point. You don't ever bother to answer my points. For example, you good with a Logan Act investigation of incoming NatSec Advisor? You good with government suppressing truthful info re: Hunter's laptop?

Take your weak virtue signaling and stuff it.

Posted by: federalist | Nov 1, 2023 9:56:12 AM

I would ask that Professor Berman please respond to the last posting above. Is this appropriate for this blog site?

Posted by: SG | Nov 1, 2023 10:42:07 AM

Not sure what you you are asking about, SG. Being often impolite (and off-topic) seems to be part of federalist's brand in the comments here. I have long hoped he would have better judgment, but I do not have the time (nor much interest) in serving as a kind of comment police and so I just tend to ignore misguided comments from all quarters.

Posted by: Doug B | Nov 1, 2023 2:28:12 PM

Prof. Berman,

Thank you for your comment. It is appreciated.

Posted by: SG | Nov 1, 2023 6:51:59 PM

Awwwwwwwww, civility police arrest this man . . . . Note: I was just responding to the Madame Defarge comment in kind.

Posted by: federalist | Nov 2, 2023 12:37:57 PM

Perhaps SG could learn something from Madame DeFarge.

She is what happens when the interests of crime victims are not seen as important when weighed against those of criminals.

Posted by: TarlsQtr | Nov 2, 2023 3:45:24 PM

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