Peter Rothberg wrote about Jeff Wood in his blog at The Nation magazine today. Last summer, Peter also wrote about Kenneth Foster, saying “from any humane perspective state-sponsored killing of people we know did not commit murder should be way beyond the pale.”

Save Jeff Wood
posted by Peter Rothberg on 06/30/2008 @ 3:41pm

Foster was convicted under Texas’ notorious Law of Parties, under which the distinction between principal actor and accomplice in a crime is abolished. The law can impose the death penalty on anybody involved in a crime where a murder occurred whether a person had anything to do with the murder or not. (Texas is the only state that applies this statute in capital cases, making it the only place in the United States where a person can be factually innocent of murder and still face the death penalty.)

Now, Jeff Wood faces similar straits on Texas death row with an execution date of August 21. Having no prior criminal record, Wood was convicted and sentenced to die for killing a convenience store clerk during a January 1996 robbery in Kerrville, TX under the “Law of Parties.” Wood was not the shooter in this case and he can reasonably claim that he had no idea that a murder would occur during what he says was meant to be a gas station robbery. The actual shooter in this case — Daniel Earl Reneau — was executed by the state of Texas more than six years ago.

Click here to ask Governor Perry and the Board of Pardons and Paroles to commute Wood’s sentence and sign an online petition to stop the execution.

Jeff Wood is waiting to die on Texas Death Row with an execution date of August 21st, 2008. Please contact Governor Perry and the Texas Board of Pardon and Paroles on behalf of Jeff Wood. Jeff was charged under the Law of Parties and was not the shooter in this crime. Jeff could not anticipate that a murder would occur. The actual shooter in this case has already been executed by the state of Texas.

It took over 17,000 people contacting Governor Perry and the Board of Pardons and Paroles to make a difference for Kenneth Foster, whose death sentence under the Law of Parties was commuted by Governor Perry last year. Please help save Jeff as Kenneth was saved.

The cousin of Kris Keeran (the murder victim) wants to save the life of Jeff Wood:

Don’t know about Jeff Wood’s case? Here is a short case summary:

At approximately 6:00 a.m. on Jan. 2, 1996, while Wood waited outside, Reneau entered the gas station with a gun and pointed it at Kris Keeran, the clerk standing behind the counter. Reneau ordered him to a back room. When he did not move quickly enough, Reneau fired one shot with a 22 caliber handgun that struck Keeran between the eyes. Death was almost instantaneous. Proceeding with the robbery, Reneau went into the back office and took a safe. When hearing the shot, Wood got out of the car to see what was going on. He walked by the door and looked through the glass. Then he went inside, and he looked over the counter and ran to the back, where Reneau was. Wood was then ordered, at gun point by Reneau, to get the surveillance video and to drive the getaway-car.

Additional facts:

• Wood suffers from severe mental, emotional and learning disabilities. He was abused and beat severely and repeatedly as a child. He is submissive to dominant behavior because of such.
• At arrest Wood was forced into interrogation by the police and did not have council present. Wood was kept awake the entire time. He was refused sleep. He eventually confessed saying it was a planned robbery. He later revoked this statement.
• Wood was found not mentally fit to stand trial. He was admitted into a mental hospital and a couple of weeks later was found ‘trial ready’.
• At trial, Wood was not satisfied with his representation. Wood asked to represent himself, but wasn’t allowed to do so. The judge found him not capable of doing this. The judge however, did not argue Wood when Wood said he would then order his attorney’s not to do anything. Result: Jeff had no witnesses during the punishment phase of his trial on his behalf.
• The victim’s father is against the death penalty and actually campaigned to keep the actual gunman Reneau alive.

Important facts that should be mentioned in your letter to the Governor include:

• Jeff was charged under the Law of Parties and was not the shooter in this crime.
• Jeff could not anticipate that a murder would occur.
• Jeff was not even in the store when the murder took place and had no way of knowing it would happen.
• The actual shooter in this case has already been executed by the state of Texas.
• The murder was actually committed by Daniel Earl Reneau, who was executed in Texas on June 13, 2002 for this crime.
• You can also express your sympathy for the family of the victim, Kris Keeran, while mentioning again that Jeff Wood did not kill Kris.
• You can also mention that Jeff’s case is similar to the case of Kenneth Foster, whose death sentence under the Law of Parties was commuted by Gov. Perry in 2007.

Click here to contact Governor Perry and the Board of Pardons and Paroles.

Today, Barack Obama made a disappointing choice in speaking out against the U.S. Supreme Court’s ruling that executing child rapists is unconstitutional. The Washington Post reports his comments as:

“I have said repeatedly I think the death penalty should be applied in very narrow circumstances, for the most egregious of crimes,” said the Illinois senator, speaking to reporters at a hometown press conference. But he added, “I think that the rape of a small child, 6 or 8 years old, is a heinous crime, and if a state makes a decision that under narrow, limited, well defined circumstances, the death penalty is at least potentially applicable, that does not violate our Constitution.”

Obama’s position is even more disappointing because in general he has been a critic of the death penalty’s implementation and worked for reforms in Illinois. Unfortunately, Obama’s comments today smack of the same type of politics of old opportunism that Bill Clinton practiced in 1992.

In the midst of the 1992 presidential election, Arkansas Governor Bill Clinton flew home from the campaign trail to sign the death warrant for Ray Rector, who was executed on January 24, 1992. Rector had mental retardation and right before his execution asked if he could save his dessert “for later”. Many people criticized Clinton for using Rector’s execution for political purposes to shore up his appeal to moderate and conservative voters. He could have commuted Rector’s sentence to life based on his mental condition, which would have been the humane, just thing to do.

The right thing for Obama to say would have been, “Although I think that the rape of a small child, 6 or 8 years old, is a heinous crime, I support the U.S. Supreme Court’s ruling, in part because it will make children safer, and in part because I believe that death is a disproportinate punishment in cases that do not include murder.”

Here is a message from a supporter of the death penalty who signed the petition to Save Jeff Wood:

8:54 am PDT, Jun 25, James Bennett, Texas

To The Honorable Rick Perry, Gov.: I am a strong proponent of the death penalty, however, in the case of Jeff Wood, there is a possibility,a strong possibility that justice was not served. From the information at hand, there was additional evidence that would have perhaps mitigated Mr. Woods to a lesser sentence than the death penalty. Evidence that Mr. Wood and family consider to be vital. His defense attorney did not bring up or pursue this information. The jury in the sentencing phase, in all probability, would have come forth with a far less harsh sentence. Gov. Perry, I have no emotional stake in this case. Only a desire to know that the punishment fits the crime. The prosecutor may have been a tad over zealous in this case. Thank you James Bennett

and another one

2:49 pm PDT, Jun 23, James C Wood, Texas

First, I would like to start off by saying I am PROUD to be a Texan, and that we execute more people than any other state in the country. While being a strong supporter of the death penalty, I believe it has it’s uses, this isn’t one of them. As stated multiple times, he wasn’t even in the store. To follow through with this would be completely rediculous. Wake up people. James C. Wood

Today, the U.S. Supreme Court ruled that the death penalty for people who commit sexual assault of a child is a violation of the U.S. Constitution’s 8th Amendment protection against cruel and unusual punishment. Justice Anthony Kennedy wrote the 5-4 majority opinion, saying “the death penalty is not a proportional punishment for the rape of a child.” He was joined by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.

Last session, the Texas Legislature wasted a lot of time approving the death penalty as part of “Jessica’s Law” while failing to approve an Innocence Commission, but there were a few who got it right last session and they deserve mention today for their actions last Spring when they voted against “Jessica’s Bill” because of the death penalty provision.

From “Honor Roll on HB 8 (Jessica’s Law)”:

During the debate on HB 8, there were several people who valiantly tried to amend the bill to improve it or who spoke eloquently on the floor against the death penalty provision in the bill, either today or last week, including Representatives Dutton, Turner and Hodge. Special thanks to them.

Thank you also to all the 24 members who voted against HB 8, mostly because of the death penalty provision. When the U.S. Supreme Court finds the death penalty in this bill unconstitutional, these members will be able to say “told you so”.

Allen; Bolton; Burnam; Castro; Cohen; Coleman; Davis, Y.; Dukes; Dutton; Farrar; Giddings; Hernandez; Hodge; Howard, D.; McClendon; Miles; Moreno; Naishtat; Olivo; Pickett; Puente; Rodriguez; Thompson; Turner.

A few members felt strongly enough to have their written objections recorded in the House Journal. Thank you for taking this extra step.

Rep Eddie Rodriguez wrote, “the implementation of the death penalty should be reserved for murderous crimes, and I believe that the United States Supreme Court would agree with me.”

In the Senate Rodney Ellis was the only dissenter in a 30-1 vote in favor of Jessica’s Law.