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Todd Willingham was wrongfully executed under Governor Rick Perry on February 17, 2004.
From Deadline.com
Jack O’Connell and Laura Dern have been set to star in Trial by Fire, a fact-based drama that Ed Zwick will direct. Oscar-winning Precious scribe Geoffrey Fletcher wrote the script, adapted from the 2009 article in The New Yorker that won David Grann the Polk Award. Zwick will produce through his Bedford Falls banner with Flashlight Films’ Allyn Stewart & Kipp Nelson, and Alex Soros, the latter of whom is financing. Production is set to begin October 2 in Atlanta. Kathryn Dean and Marshall Herskovitz are exec producing and film sales will be represented by Cinetic Media and CAA.

O’Connell stars as Cameron Todd Willingham, a poor, uneducated heavy metal devotee with a violent streak and a criminal record. Convicted of triple homicide in the arson deaths of his three small children, Willingham spent 12 years on death row. Dern co-stars as Elizabeth Gilbert, a Texas housewife who forms an unlikely bond with Willingham and, though facing staggering odds, fights magnificently for his freedom on the basis he was wrongly convicted.

 Zwick said he and Stewart separately

chased Grann’s story when it was published eight years ago and decided to team. It has been an uphill battle to get this one made, but a number of elements came together all at the right time. “From the moment I read David’s brilliant reporting eight years ago, I have been possessed by this deeply moving, true story of injustice,” Zwick told Deadline. “David Grann has been one of these caught-in-the-roller-of-his-typewriter guys, quietly doing great work, and now all these wonderful things are happening with his stories being made into movies, from Killers of the Flower Moon to the Robert Redford piece Old Man and the Gun. The story was all there, with these two compelling characters. It is a remarkable story about people. Not just capital punishment but justice, which is a very important word right now. It has to have that pull to keep you pushing it up the hill this many years.”

I asked Zwick why it took so long. “You’ve heard the story at the end of the year from everyone who gets up on that podium and talks about how hard it is,” he said. “The good ones just take longer. I’ve been lucky enough to make movies I care about, and they become increasingly smaller targets that you hit at greater distances. Every year a couple manage to get through that crucible, but it’s harder and harder. We got close a couple of times, but it came down to not being able to get the right actor or financier. Ten years ago, after I completed Blood Diamond, I got involved with Global Witness, an organization that was very good to me. They asked would I go on the board, and it was there that I met Alex Soros. We sat working together for this organization for 10 years; he’s not in the film business, but he followed my travails in trying to get this movie made. Finally, he said maybe I could get involved with you to do this.”

Stewart, who with Nelson produced Sully, called Trial by Fire “more than a provocative account of prosecutorial abuse, an incredibly emotional story about how a single act of kindness can change two lives forever.”

Read the rest on Deadline.com

The House Committee on Criminal Jurisprudence will hold a hearing on Wednesday August 2, 2017 to consider the bill filed by State Rep Terry Canales that would prohibit death sentences under the law of parties. HB 252 is different from the bills in the regular session. It adds a section that directs the jury "to determine based on the evidence admitted at the guilt or innocence stage whether the defendant is guilty of the capital felony only as a party under Section 7.02(b), Penal Code." ** REVISION ** HOUSE OF REPRESENTATIVES NOTICE OF PUBLIC HEARING COMMITTEE: Criminal Jurisprudence TIME & DATE: 10:30 AM or upon final adjourn./recess Wednesday, August 02, 2017 PLACE: E2.014 CHAIR: Rep. Joe Moody If submitting written testimony, please submit 10 copies (with your name on each copy) to the committee during the hearing if possible HB 136 Rose Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness. HB 252 Canales Relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in certain felony cases. HB 283 Moody Relating to an application for a writ of habeas corpus based on certain relevant scientific evidence that was not available at the applicant's trial. HB 310 Herrero Relating to certain sentencing procedures in a capital case. HB 345 Turner Relating to the creation of a commission to study intellectual and developmental disability determinations in capital cases in which the state seeks the death penalty.
State Rep Terry Canales has filed a new law of parties bill in the special session. HB 252 is different from the bills in the regular session. It adds a section that directs the jury "to determine based on the evidence admitted at the guilt or innocence stage whether the defendant is guilty of the capital felony only as a party under Section 7.02(b), Penal Code." This change should satisfy the objections that Justin Wood of the Travis County DA's office testified at the hearing in April that he had about the bill. Call the committee clerk to urge Chairman Joe Moody to put HB 252 by Rep. Terry Canales on the agenda for the next meeting during the special session going right now this summer. Committee Clerk: Rachel Wetsel Phone: (512) 463-0768
Terri Been, sister of Jeff Wood, testifying before Texas House Committee on Criminal Jurisprudence on April 17, 2017 in support of law of parties reform bills. Under the provisions of the bills, a death sentence could not be sought or imposed on a defendant whose liability for a capital felony offense was based solely on the capital felony occurring in furtherance of a conspiracy to commit another felony offense in which the defendant was a co-conspirator.

State Reps. Harold Dutton, D-Houston, left, and Jeff Leach, R-Plano, speak at a press conference on the death penalty and the law of parties on April 17, 2017.
Marjorie Kamys Cotera for The Texas Tribune

The death penalty was a hot topic at the Texas Capitol Monday night.

Testimony on five capital punishment bills was heard by the House Criminal Jurisprudence Committee in a seven-hour-long meeting that lasted until close to midnight. The bills included two that would stop the practice of sentencing accomplices to death in certain cases and two which would abolish the death penalty altogether.

House Bills 147 and 316, by Democrats Harold Dutton and Terry Canales, respectively, would change how a person could be sentenced to death under Texas’ “law of parties,” which holds that those involved in a crime resulting in death are equally responsible even if they weren't the actual killer.

“At the end of the day, the logic should be, 'Did you intend to participate in that murder? Were you a part of it?'” Canales exclaimed while laying out his bill near the end of the long meeting. “Let’s cut the nonsense out.”

The most prominent case of a current Texas death row inmate sentenced under the law of parties is Jeff Wood. Wood was convicted in the 1996 murder of Kriss Keeran, who was fatally shot by Wood's friend in a Kerrville convenience store while he sat outside in a truck. Last year, Wood’s case garnered national attention as his execution neared. Texas lawmakers from both parties spoke out against the execution, which was halted days before the scheduled date.

Republican Rep. Jeff Leach has been one of the most adamant supporters of reforming the law of parties. He has taken an interest in Wood’s case, going so far as to visiting him on death row in February.

“I promised Jeff that I and Chairman Dutton and Rep. Canales would do everything that we can this session to ensure that another case like Jeff Wood’s case would never happen again in the state of Texas,” Leach said at a news conference earlier Monday on the bills.

There are two ways to find someone guilty under Texas’ law of parties. The first puts responsibility on those who help commit or solicit a crime, even if they weren’t directly involved. The second states that all parties are responsible for one felony that stems from another if the second “should have been anticipated.” For Wood, the state argued he was willfully participating in a robbery and knew his accomplice would resort to killing if Keeran did not comply, so Wood should have anticipated the robbery would lead to a murder. Wood has maintained he didnt know his friend had a gun on him.

The reform bills focus mainly on the “anticipation” clause, removing the possibility of a death sentence if someone is found guilty under the second part of the law of parties and automatically granting them a sentence of life without parole. Currently, after being convicted, a jury still must agree the convict intended to kill or anticipated death to issue a death sentence.

Travis County Assistant District Attorney Justin Wood was the lone testifier against the bills, with eight others testifying in support of the bills that were laid out close to 11 p.m. He said the law of parties has been a “useful tool” for prosecutors, adding that “there are a lot of monsters who never get their hands dirty.”

But Dutton argued that those people would still be punished, just not to death.

Chairman Joe Moody, D-El Paso, said Wood’s testimony resonated with him as he has long struggled to “strike a balance” with the law of parties and the death penalty. In 2009, a similar bill filed in the House made it to the Senate, but died there. Terri Been, Jeff Wood’s sister, said she has been lobbying against the law of parties for 20 years and pleaded through tears for the Legislature to move it forward this year.

“My cries have fallen on mostly deaf ears. I’m begging you to be leaders and to lead your constituents in the right direction,” she said before wiping her eyes.

It is not common for a jury to sentence someone to death under the law of parties, but it happens. In 2007, prison inmates Jerry Martin and John Ray Falk, Jr., attempted escape. In the escape, Martin hit and killed prison guard Susan Canfield with a van. This March, Falk was sentenced to death as a party to the murder.

And Texas has executed at least five people under the statute, according to the Death Penalty Information Center. Only five other states have executed anyone under similar laws.

Aside from the law of parties, two identical bills to get rid of the death penalty in Texas completely were also heard Monday evening. Dutton and Rep. Jessica Farrar filed House Bills 64 and 1537.

Both lawmakers have repeatedly filed abolition bills in past legislative sessions, and they acknowledged their main goal was to keep up a discussion on the death penalty. In a Republican-led legislature, it is almost certain that the bills will not pass. Dutton clarified to committee members he was asking for them not to vote against the death penalty but “to vote to let the House have a debate on this.”

“This bill might not pass this time, but if it doesn’t pass this time, we’ll be right back here next time, fighting the same fight,” Dutton said earlier Monday at a press conference on his two death penalty bills.

Fourteen people testified in support of abolishing the death penalty for reasons ranging from arbitrary sentencing to the cost of appeals. One woman tearfully spoke of her death-sentenced husband. No one spoke out against the bill.

The remaining bill focused on the death penalty was one by Rep. Barbara Gervin-Hawkins, a democrat from San Antonio. House Bill 3411 aims to lessen requirements to become the lead defense attorney in capital murder cases to allow for more lawyers to handle the backlog of death penalty cases.

Texas Defender Services Executive Director Amanda Marzullo argued against the lesser requirements, saying she believed it would cause more trouble in the appeals process and that there were other ways to ease the backlog such as creating a public defender office.

“We’ve got to build the bench, and we’ve got to move these cases,” Gervin-Hawkins responded. “These people need their day in court.” All of the bills were left pending before the committee.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2017/04/18/multiple-death-penalty-reform-bills-heard-texas-legislature/. Texas Tribune mission statement The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
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