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Life-without-parole option falls two votes short in the Senate
Posted on Wednesday 06 April @ 04:04:13
NewsApril 5, 2005

Rosenthal is among DAs who oppose the bill
By CLAY ROBISON
Copyright 2005 Houston Chronicle Austin Bureau

AUSTIN - Legislation to allow capital murder convicts to be sentenced to life without parole — which failed in two previous legislative sessions — failed again in the Senate on Tuesday, coming up two votes short on a key procedural vote.



The sponsor, Sen. Eddie Lucio, D-Brownsville, said he would continue to twist arms and hoped to try again. But the bill's chances were iffy in the face of strong opposition from influential prosecutors who apparently fear that it would encourage juries to mete out fewer death sentences.

"You never know. (But) I would say it's on life support," said Senate Criminal Justice Chairman John Whitmire, D-Houston.

At present, people convicted of capital murder in Texas can be sentenced to death or life in prison. Those sentenced to life, however, can be considered for parole after 40 years. Lucio's Senate Bill 60 would add life without parole as a third option.

Lucio argued that life without parole wouldn't weaken the death penalty, which he supports, because Texans strongly support both alternatives. A recent Scripps Howard Texas Poll showed that 78 percent of Texans favor his proposal, he said. He also noted that 47 other states already have that punishment option.

The vote on Lucio's motion to debate the bill was 19-12, two short of the necessary 21, or two-thirds. All the "no" votes were cast by Republicans. Seven Republicans, including Sen. Kyle Janek of Houston, joined all the Senate Democrats in voting with Lucio.

Sen. Jon Lindsay, R-Houston, initially sided with Lucio but changed his vote and was recorded "no" after realizing the motion was lost anyway.

Lucio said that opposition from some prosecutors, including Harris County District Attorney Chuck Rosenthal, was a "big factor" in the bill's loss.

"Back in Houston, there's a lot of opposition from the district attorney there. He wants one option, and that's death," Lucio said.

The Harris County District Attorney's Office sends more people to death row than any other group of prosecutors in Texas, and Roe Wilson, an assistant to Rosenthal, testified against the bill in a committee hearing last month.

Other Republican senators from the Houston area who voted against the bill Tuesday included Mike Jackson of La Porte and Tommy Williams of The Woodlands.

Crime victims and their advocates were divided on the bill during last month's hearing before the Senate Criminal Justice Committee.

Paula Kurland, of Seabrook, whose daughter, Mitzi Johnson Nalley, was murdered in Austin in September 1986, testified for the bill. Her daughter's killer, Jonathan Wayne Nobles, was executed in 1998.

"If you're going to give an offender life (in prison), it should mean life," Kurland said.

William "Rusty" Hubbarth, a vice president of Justice for All, a Houston-based victims' advocacy group, opposed the legislation because it would reduce the number of death sentences.

Lucio failed by one vote to clear the Senate's procedural hurdle for a life-without-parole bill during the 2003 legislative session. He won Senate approval of a similar bill in 2001, but it failed in the House.
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Huntsville - Corner of 12th Street and Avenue I (in front of the Walls Unit) at 5:00 p.m.

Austin - At the Texas Capitol on the sidewalk on 11th Street facing Congress Avenue from 5:30 to 6:30 PM.

Beaumont - Diocese of Beaumont, Diocesan Pastoral Office, 703 Archie St. @ 4:00 p.m. on the day of an execution.

College Station - 6 to 7 PM on execution days, corner of Texas Avenue and University Drive.

Corpus Christi - at 6 PM in front of Incarnate Word Convent at 2910 Alameda Street

Dallas - 6 pm, SMU Catholic Center, 3057 University Blvd (University Blvd. and Airline Rd)

Houston - To learn location or if a stay has been granted before you come out, call Burnham Terrell, 713/921-0948.

Lewisville - St. Philip the Apostle Catholic Church, 1897 W. Main Street. Peace & Justice Ministry conducts Vigils of Witness Against Capital Punishment at 6:00 pm on the day executions are scheduled in Texas.

McKinney - St. Gabriel the Archangel Catholic Community located at 110 St. Gabriel Way. We gather the last Sunday of the month, following the 11:00 Mass to pray for those men/women scheduled to be executed in the next month and to remember the victims, their families, and all lives touched, including us as a society.

San Antonio (Site 1) - Archdiocese of San Antonio, in the St. Joseph Chapel at the Chancery, 2718 W. Woodlawn Ave. (1 mile east of Bandera Rd.) at 11:30 a.m. on the day of execution. Broadcast on Catholic Television of San Antonio (Time-Warner cable channel 15) at 12:30 p.m. and 6:30 p.m. on the day of execution.

San Antonio (Site 2) - Main Plaza across from Bexar County Courthouse and San Fernando Cathedral - Noon

Spring - Prayer Vigil at 6 PM on evenings of executions at St Edward Catholic Community, 2601 Spring Stuebner Rd for the murder victim, for family and friends of the murder victim, the prison guards and correctional officers, for the family of the condemn man/woman, for the man/woman to be executed and to an end to the death penalty.


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