Upcoming Executions
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Innocence
The death penalty puts innocent people at risk of execution.
Todd Willingham
Todd Willingham was wrongfully executed under Governor Rick Perry on February 17, 2004.

Rosemary Lehmberg, the Travis County District Attorney, should reconsider how often she chooses to seek the death penalty after a jury today again decided against the death penalty. Seeking death costs Travis County taxpayers much more than it does when the DA takes the death penalty off the table, up to 3 times more than seeking and obtaining a life sentence. It is also apparent from the Todd Willingham case that Texas is capable of making mistakes and executing innocent people, another reason why Lehmberg should stop seeking the death penalty.

After deliberating for three hours, a Travis County jury sentenced Albert Segura to life in prison without parole.

Segura, 37, was present for the verdict. Since Tuesday, he had refused to attend the proceedings. Sheriff’s deputies testified that Segura wanted to remain in the jail to watch TV and talk to family.

“We’re very thankful for the jury’s verdict,” defense lawyer Ariel Payan said after the verdict was read. “Mr. Segura is, too. He told us that.”

Segura was convicted Monday of capital murder in the deaths of Billy Gene Ferguson, 28, and Ferguson’s mother, Patricia Smith, 51.

During the trial, witnesses testified that Segura shot Ferguson in a southern Travis County home after hearing that a mutual friend had called Segura a snitch. Then Segura kidnapped Smith, who lived in the home with her son, walked her into a Hays County field and returned without her, a witness testified.

Smith’s body was found shot in that same field three weeks later.

Earlier: A Travis County jury is now deciding whether Albert Segura will live or die.

Segura, 37, faces either the death penalty of life in prison without parole for the murders of Billy Gene Ferguson, 28, and Patricia Smith, 51. Jurors found Segura guilty of capital murder on Monday. Since then, they have been hearing testimony from witnesses in the punishment phase of the trial.

Prosecutors say Segura should get the death penalty because he is a member of the Texas Syndicate prison gang. Though he will likely be housed in a cell for 23 hours a day because of his gang affiliation, prosecutors say that he would still have the ability to harm people by working behind the scenes through letters and phone calls.

But defense lawyers argued this morning that Segura does not have a violent history. He’s never been charged with any gang-related crimes and was never punished for any violent infractions while incarcerated, they said.

Kinky Header
Dear Friends:

Rick Perry’s reign of incompetence continues.

This time Perry is embarking on an immoral cover-up of epic proportions.
Perry fired respected members of the Forensic Science Commission to derail
their planned hearing to publicly investigate the execution of a Texan in
2004, that many legal experts, feel was innocent.

Apparently Rick Perry is afraid of shining the public light of independent
investigation on the execution of Cameron Todd Willingham.

Don’t take my word for it–here is what some of the most
respected publications in Texas said:

The Houston Chronicle compared him to Richard Nixon’s handling of Watergate.
(http://www.chron.com/disp/story.mpl/metropolitan/falkenberg/6645910.html)

Texas Monthly’s Paul Burka called Perry’s action “The Cover Up”.
(http://www.texasmonthly.com/blogs/burkablog/?p=4890)

And the Texas Observer called it a “stunner” and an “exercise of raw power
is truly stunning to behold”.
(http://www.texasobserver.org/contrarian/comments/a-rick-perry-stunner)

You know what you call it when an innocent person is executed? Murder.

As your next Governor, I’ll give the power back to the people of Texas.
We’ll establish the Timothy Cole Commission to ensure that no more innocent
people are murdered by Rick Perry’s administration.

Do your part to take the power away from professional politicians like Rick
Perry, and give the power back to the people of Texas. Your contribution of $5,
$10 or $20 will help us take our message directly to Texas voters, so please click hereto contribute today.

God Bless Texas,

Contribute Online

Kinky Friedman

Matt Smith of CNN was working on a story about the scheduled meeting of the Texas Forensic Science Commission and was planning to report Friday from the meeting, but today he shifted the focus of his story when Rick Perry shook up the panel and the new chair canceled Friday’s meeting. His story includes the first reaction from Todd Willingham’s family to Perry’s action. In Ardmore, Oklahoma, where his family lives, Willingham’s stepmother said she was “shocked and disappointed” by the postponement of Friday’s hearing. In 2006, Willingham’s stepmother attended the 7th Annual March to Stop Executions and delivered a letter to Perry urging him to investigate whether Willingham was innocent.

Sign a petition to Governor Rick Perry and the State of Texas to acknowledge that the fire in the Cameron Todd Willingham case was not arson, therefore no crime was committed and on February 17, 2004, Texas executed an innocent man.

From CNN:

DALLAS, Texas (CNN) — Texas Gov. Rick Perry on Wednesday shook up the ranks of a state commission that is probing whether a man executed in 2004 belonged on death row, forcing the commission to delay a scheduled hearing on the case.

Gov. Rick Perry’s office said the moves were a routine replacement of members whose terms had expired.

Perry replaced the chairman of the Texas Forensic Science Commission and refused to reappointment two other members. The moves came two days before the commission had been scheduled to hear from arson investigation expert Craig Beyler, the author of the latest of three reports critical of the testimony that helped prosecutors convict Cameron Todd Willingham of murder in 1992. The governor’s office told CNN the moves were a routine replacement of members whose terms had expired.

Perry, who says he remains convinced of Willingham’s guilt, replaced commission Chairman Sam Bassett with John Bradley, the district attorney of Williamson County, near Austin. Another member, Aliece Watts, was replaced with San Antonio forensic pathologist Norma Farley. Perry also did not reappoint Alan Levy, a prosecutor in Fort Worth’s Tarrant County.

As a result of the shakeup, the Forensic Science Commission put off Friday’s scheduled session with Beyler, who was to answer questions about his conclusions in a public forum. The commission “will need time to regroup and reorganize,” its staff coordinator, Leigh Tomlin, told CNN.

Bassett said he had asked to be reappointed to the commission, but, “Obviously, Governor Perry had other plans.” He would not say whether he thought his replacement was politically motivated, but added, “I’m worried the good work of the commission will get tabled.”

Willingham was accused of setting a fire in his home in Corsicana that killed his three daughters. He insisted on his innocence until the end, and opponents of the death penalty say his case and the subsequent reviews may force Texas to admit it executed an innocent man.

The Beyler report concludes that findings at the heart of Willingham’s conviction — that the fire that killed his daughters was set deliberately — “could not be sustained” by either modern science or the standards of the time. Two previous reports by other experts also concluded that the fatal blaze was not arson, but Beyler’s is the first commissioned by the state.

In Ardmore, Oklahoma, where his family lives, Willingham’s stepmother said she was “shocked and disappointed” by the postponement of Friday’s hearing.

“What good is it going to be having a commission if they don’t have the freedom to investigate and find out what really happened?” she asked.

But Corsicana police Sgt. Jimmie Hensley, the lead investigator in the Willingham case, dismissed the reports as “Monday-morning quarterbacking.”

“I’m firmly a believer that justice was served,” Hensley said.

Texas Moratorium Network was planning to attend the meeting of the Texas Forensic Science Commission on Friday and hold a demonstration to “Shout it from the Rooftops” that Todd Willingham was innocent. Now, Perry has canceled the meeting and replaced the Commission’s chair and some other members.

Call the Governor’s office to STRONGLY protest his cancellation of the meeting and his replacement of the chair of the commission.

(512) 463-1782

Sign the petition to Governor Rick Perry and the State of Texas to acknowledge that the fire in the Cameron Todd Willingham case was not arson, therefore no crime was committed and on February 17, 2004, Texas executed an innocent man.



From the Houston Chronicle
:

In a surprise move, Gov. Rick Perry today appointed two new members to a state commission investigating case of a Corsicana man who some believe was wrongly executed for murdering his children — forcing the cancellation of a meeting on the case scheduled for Friday.

Named to head the Texas Forensic Science Commission was John Bradley, district attorney in Williamson County. Bradley cancelled Friday’s meeting at which the panel was to accept fire expert Craig Beyler’s analysis of arson investigators’ work in the deadly December 1991 house fire.

Three children perished in the blaze. Their father, Cameron Todd Willingham, was convicted of capital murder and executed.

Bradley, who has been his county’s chief prosecutor since December 2001, said he called off Friday’s meeting because he didn’t have adequate time to study the arson case.

Beyler’s report was extremely critical of the investigations by Corsicana and state arson investigators, concluding they based their arson ruling on outdated and sloppy procedures.

Beyler’s was the third review to fault the arson investigators.

Outgoing commission chairman, Sam Bassett, an Austin defense lawyer, expressed “disappointment” at Perry’s timing in the naming of new commissioners, but noted, “I understand that I serve at the pleasure of Gov. Perry.”

Also replaced were commission members Alan Levy, head of the Tarrant County District Attorney’s criminal division, and Aliece Watts, quality director at Euless-based Integrated Forensic Laboratories.

Perry named Norma Farley, chief forensic pathologist for Cameron and Hidalgo counties to the panel, and will name a third member in the near future.

A spokeswoman for the commission, which is headquartered at Sam Houston State University in Huntsville, said the outgoing members’ two-year terms technically expired on Sept. 1.

Spokesmen for Perry’s office did not offer immediate comments on the timing of the appointments.

Levy, who, like Bassett, had served four years on the panel, called Perry’s timing on the appointments “unfortunate.”

“It will raise suspicions whether they are justified or not,” he said. “This is a very important case. What this is going to do is raise the temperature, and that will not be a good thing.”

Monday night, the Austin Human Rights Commission unanimously approved a resolution brought to them by Texas Moratorium Network calling for a moratorium on executions and the creation of a Capital Punishment Study Commission. The resolution gathered momentum after the recent news that the fire in the case of Todd Willingham was not arson, meaning Texas executed an innocent person. The resolution urges the full Austin City Council to pass a similar resolution.

We would like to thank the members of the Austin Human Rights Commission for passing the resolution.

One of the reasons the Commission chose to take a stand on this issue is that local governments can face lawsuits from people who are wrongfully convicted. For instance, the City of Austin had to settle separate lawsuits totaling more than $14 million in 2003 filed by Richard Danziger and Christopher Ochoa. They are two innocent men who spent 12 years in prison after being wrongfully convicted for a 1988 Austin murder they did not commit.

The Travis County Commissioners Court and the El Paso County Commissioners Court have also passed resolutions calling for a moratorium. In total, 151 local governments across the nation have passed moratorium resolutions.

Here is a link to an article in The Daily Texan about the resolution’s approval.

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