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.

In 2005, Jesse Quackenbush, attorney for Johnny Garrett, attended our Anti-Death Penalty Lobby Day and spoke to a rally on the South Steps of the Texas Capitol about how Garrett was an innocent man executed by Texas. Now, Quackenbush has directed a documentary on Garrett’s case. Below is the trailer for the film.

From IndieFlix:

Director: Jesse Quackenbush

Producer: Cinco Rosas

Screenwriter: Jesse Quackenbush

Cinematography: Jesse Quackenbush

Editor: Kyle High

Music: Peter Davison

Cast: Narrated by:Tom Kane

Country: USA

Running Time: 90 minutes

Synopsis:
This documentary takes the “Innocent Man on Texas Death Row” tale to a dark corner feared by all – – proving that an innocent man has been executed by the State.

A clash between good and evil strikes up on the High Plains of Texas when Johnny Frank Garrett, a 17 year old retarded boy is arrested, convicted and ultimately executed for the Halloween night rape, mutilation and murder of Sister Tadea Benz. The 76 year old nun was attacked while she slept in her room at the St. Francis Convent in Amarillo, Texas. Garrett claimed his innocence from the time of his arrest until his dying breath. Sixteen years after Garrett’s execution new evidence rose up from the cold case grave of the Amarillo Police Department proving they executed the wrong man!

During interviews with key players the case of Johnny Frank Garrett unfolds as a recipe for executing the innocent. A death penalty obsessed District Attorney and his lap-dog Medical Examiner, ladder climbing cops, bloodthirsty media, enraged and fearful jurors, incompetent defense lawyers, politicized judges, witch-hunting religious zealots and an ironfisted Governor with national ambitions meld together as perfect ingredients for a plate of government sponsored murder.

In Garrett’s final statement he professed his innocence one last time but did so in a voice driven by hate and vengeance. In his chilling conclusion Garrett promised those responsible for his murder that someday he would have the last word and they would pay for what they had done. For most of Garrett’s enemies “someday” happened long ago.

Regardless of faith, for or against the death penalty, liberal or conservative The Last Word compels viewers to feel not only the collective pain our societal conscience suffers for executing the innocent but also the individual fear of not knowing what margins of error our judges, jurors and executioners will find acceptable tomorrow.

Below is Quackenbush speaking in Austin on Lobby Day.

Houston Indymedia has an interview with the wife of Jeff Wood.

An interview with Kristin Wood, the wife of Death Row Prisoner Jeff Wood, who is scheduled to be executed on August 21 by the state of Texas for a Law of Parties Conviction. This interview is around 9 minutes long.

audio: MP3 at 8.2 mebibytes

Kristin and Gloria Rubac at the Walls Unit

A Petition to give clemency to Jeff Wood Please sign.

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