Upcoming Executions
Click for a list of upcoming scheduled executions in Texas.
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.

The Austin-American Statesman has a long article on two of the daughters of Cathy Henderson, who is scheduled for execution on Wednesday, June 13. The Texas Court of Criminal Appeals could rule on Monday whether it will stay the scheduled execution date in light of new developments in scientific methods of evaluating head injuries.

Their mother is Cathy Lynn Henderson, a Travis County woman scheduled to die Wednesday for murdering Brandon Baugh, a 3-month-old boy she was baby-sitting, in 1994.

Jennifer Henderson, 17, wants her mother to get a new trial and one day be set free.

(Melissa) Bradshaw, 28, wants Cathy Lynn Henderson dead.

late last year, a judge set Cathy Henderson’s execution for April 18.

“It really hit me hard,” Jennifer Henderson said. “I didn’t want to go to school. I didn’t want to talk to anybody. I was moping around. It sucked.”

She said she became overwhelmed with anxiety, began taking Valium and ended up in the hospital. She said therapy and the support of her friends and family helped her pull out of the tailspin. Then she decided she needed to help her mother.

Against the advice of her stepmother and father, she went to school with fliers detailing her mother’s case. Her teachers agreed to give her a couple of minutes to address her classmates, and Jennifer Henderson revealed that her real mother was on death row for murdering a child. She told them her mom didn’t do it and asked them to write to the state Board of Pardons and Paroles. “It was like going on a stage by yourself in front of the entire school pretty much,” she said. “It was very nerve-racking.”

She said her classmates were supportive, and a handful joined her at an April court date during which her mother’s lawyers asked for more time to file an appeal. They were successful, and the execution date was moved to this month.

Different dreams

As her mother’s appointment with death creeps closer, Jennifer Henderson is hoping the courts will step in again. She dreams of one day walking through a mall with her mother or having lunch with her at a restaurant.

If no reprieve comes, she plans to be with her father outside the gates of the prison in Huntsville that contains the death chamber. Her father won’t allow her to be in the witness room to watch the execution.

Bradshaw said she won’t be in Huntsville on Wednesday. She is busy studying, moving toward her goal of attending Oregon State University in a couple of years.

Her mother’s execution, she said, will be “relieving.”

“Finally that chapter in my life could actually be done with now,” she said. “And I can stop looking over my shoulder.”

UPDATED AGAIN August 13th:

Write members of the Texas Legislature urging them to help persuade Governor Perry to stop the execution of Kenneth Foster, Jr.

On August 7, the Texas Court of Criminal Appeals denied the appeal of Kenneth Foster Jr, even though three of its members say he may be innocent (every judge on the CCA is a Republican).

The decision to stop the execution of Foster, who everyone agrees did not kill anyone, now lies in the hands of Governor Perry and the Texas Board of Pardons and Paroles. But the members of the Texas Legislature also have a responsibility to speak out, because it is an Act that they passed that the Court of Criminal Appeals majority relied on to brush off Foster’s claim of innocence. It is time for the Texas Legislature to tell Gov Perry to stop this execution.

Foster was just the driver of a car out of which another occupant (Mauriceo Brown) got out and killed someone 80 feet away from the car. New evidence supports Foster’s defense that he did not know that Brown intended to kill someone. But the majority of the CCA does not think it should take into account this new evidence.

According to an email from Foster’s lawyer, the reason the CCA majority thinks they can ignore this new evidence is because of a law passed by the Texas Legislature in 1995, which forbids “the judges of the Court of Criminal Appeals from considering new evidence in death penalty cases, even if the judges unanimously believed the new evidence would spare a life. This Act, passed in 1995, prevents judges from giving relief to people who they believe are not to be subjected to death.”

Here is the dissenting opinion in the Kenneth Foster, Jr case, written by Judge Tom Price of the Texas Court of Criminal Appeals and joined by two other judges, Judge Charles Holcomb and Judge Cheryl Johnson. These three judges agree that “the applicant has identified new facts that might support a bare claim of actual innocence, under Ex parte Elizondo, (3) and would therefore allow the applicant to proceed on his fourth claim for relief”. They would have granted him a stay of execution “to allow him to pursue this claim through the ordinary course of habeas corpus proceedings.”

They further write that “Applicant now alleges that, since his direct appeal and even since he filed his initial application for writ of habeas corpus, he has had an opportunity to interview both Steen and the other surviving co-conspirator, Dillard. Both have given affidavits in which they assert, in essence, that by the time Brown got out of the car to rob LaHood, the conspiracy had run its course, at least as far as the other three were concerned, and Brown was acting out of an independent impulse. If these assertions are true, it appears evident that the applicant could not be guilty of capital murder under either of the theories of the law of parties that were submitted to the jury. (italics added for emphasis by TMN).

Unfortunately, the five judges writing in the majority, including Judge Sharon Keller, did not agree with the three dissenting judges and voted to execute Foster.

Judge Barbara Parker Hervey did not participate in either the majority or the dissenting opinion.

The final vote then was 5-3-1 in favor of execution.

Write members of the Texas Legislature urging them to help persuade Governor Perry to stop the execution of Kenneth Foster, Jr.

More than 1400 people have already written just since August 8.


Original Post starts below.

Thanks to CEDP-Austin for distributing this information. They are leading a statewide effort on Kenneth Foster’s behalf to stop his execution later this summer. Great job CEDP!

Kenneth Foster, Jr. was sentenced to death in May 1997 for driving a car from which Mauriceo Brown got out and shot Michael LaHood, Jr. Kenneth’s case is currently at a critical juncture, as the state of Texas has recently given him an execution date of August 30, 2007. Kenneth could be killed because of the gross misuse of the Law of Parties – simply for being, as the Austin Chronicle has put it, in “the wrong place at the wrong time.”

  • By the Law of Parties, Kenneth Foster is factually innocent, although it was used by the prosecution to convict the other two men who were in the car. However, the law specifically states that an agreement must have been made between the defendants prior to the act, and most importantly, proved to have been made in a court of law, but no one had discussed robbing Michael LaHood that night.
  • Mauriceo Brown got out of the car, allegedly attempted to commit a robbery, though he claimed that no robbery was intended, and that he wanted to talk to a woman who was with Michael LaHood. Complications arose and Mauriceo Brown shot Michael LaHood while Kenneth Foster and two others stayed in the car nearly 80 feet away with the windows up and the radio on.
  • Mauriceo Brown admitted to the shooting, claiming self defense, but said that no one had any prior knowledge of the crimes he was about to commit.
  • One of the other passengers in the car, Julius Steen, turned state’s evidence on the other three, but in a letter to Kenneth Foster, admits that his lawyer pressured him to lie in court so he wouldn’t get the death penalty.
  • Kenneth Foster didn’t know that Mauriceo Brown had left the car with a gun, and when he heard the shot, he started to drive away, but the fourth man in the car, Dewayne Dillard, told him to stop.
  • Even with the misapplication of the Law of Parties by the prosecution, the death penalty for someone who was not present at the time of the murder, did not kill, and did not anticipate the killing violates the Eighth Amendment, as established by Enmund v. Florida.
  • The three other people in the car Kenneth Foster was driving have all admitted that he is innocent and had no foreknowledge of the crimes.

The savecathyhenderson.org site has high hopes that Cathy Henderson will receive a favorable ruling from the Texas Court of Criminal Appeals on Monday.

There was no decision this week from the Court of Criminal Appeals, but Cathy’s lawyers have been told a decision will be handed down this coming Monday, June 11. We will post that decision the moment we hear anything.

Cathy and her lawyers are hopeful the delay in handing down this decision is a positive sign. Cathy’s lawyers have presented the court with compelling new evidence that throws into doubt crucial prosecution testimony given at her trial. So, although the Court “almost routinely” turns down subsequent writs such as Cathy’s, we believe it is likely the judges would have already denied her writ if they were following their usual course.

Robert Bayardo, who conducted the autopsy on 3-month-old Brandon Baugh, was one of the medical experts who testified at Henderson’s trial that the baby’s injuries were too severe to have been caused by an accidental fall as Henderson described.

But after reviewing the new defense evidence, which is based on principles of physics and biomechanics, Bayardo said his opinion had changed.

“Based on the physical evidence in this case, I cannot determine with a reasonable degree of medical certainty whether Brandon Baugh’s injuries resulted from an intentional act or an accidental fall,” he stated in the affidavit.

The message below is from an email from TDPAM. It looks like they are doing a great job down in Houston getting this year’s March to Stop Executions organized. The march has been held in Austin since 2000, but this year it is in Houston. Contact Texas Death Penalty Abolition Movement abolition.movement@hotmail.com to get involved.

Texas’ 8th Annual March to Stop Executions will be held in Houston on Saturday, October 27, 2007. Next planning meeting is Monday, June 11, at 7 pm, at S.H.A.P.E. Community Center, 3815 Live Oak.

We need everyone’s help to make this event a significant contribution to the struggle to get rid of capital punishment.
We need:
  • organizers
  • fundraisers
  • strategists
  • writers
  • logistical brains
  • networkers
  • thinkers
  • media workers
  • visionaries
We want to get together so we can begin to plan a march and rally that will outreach to the communities in Houston most affected by the death penalty and the prison industrial complex and bring them into this fight.
We want to respectfully remember those who have been murdered by the state of Texas and to fight for those still living on death row. We want to honor the families of these men and women who live a difficult and heartbreaking life.
There is already a number of endorsers and people volunteering to help, from graphic artists to spoken word artists, from march security to freeway blogging. But we need folks from all areas of the progressive community to step up.
This will be the first year the march is going to be in Houston instead of Austin and for good reason:
  • There are 383 people on death row in Texas and 129 are from Harris County.
  • This summer, likely in July, the 100th person from Harris County will be executed.
  • More people have been executed from Harris County than any other state—except for Texas.

Please join us on Monday night and let’s get to work! Make sure your organization is represented!

We are reposting this from Christy Hardin Smith at Firedoglake.com. If you live in Texas, do as she suggests and give Senator Cornyn a call to ask him to vote for the Habeas Corpus Restoration Act (S. 185).

Sen. Pat Leahy needs you to make a few phone calls today on behalf of your Constitution.

Many of you may recall the hasty passage of the Military Commissions Act in the weeks leading up to last year’s election, a bill that set new rules for trying detainees, in particular those currently being held at Guantanamo Bay in Cuba.

The passage of this bill was a profound mistake, and its elimination of habeas corpus review was its worst error. Righting this wrong is one of my top priorities, and on the first day of this Congress I joined with Senator Arlen Specter to introduce the Habeas Corpus Restoration Act (S. 185). This bipartisan bill already has 17 cosponsors, but it faces a crucial vote in the Judiciary Committee this Thursday so we need your help.

If you have a few minutes to spare, it would be much appreciated of you could make a few phone calls to members of the Senate Judiciary Committee — and also to your own Senators. Here’s a list of the members of the Senate Judiciary Committee:

Sen. Patrick Leahy (D-VT)
Sen. Ted Kennedy (D-MA)
Sen. Joseph Biden (D-DE)
Sen. Herb Kohl (D-WI)
Sen. Dianne Feinstein (D-CA)
Sen. Russ Feingold (D-WI)
Sen. Chuck Schumer (D-NY)
Sen. Dick Durbin (D-IL)
Sen. Benjamin Cardin
Sen. Sheldon Whitehouse (D-RI)
Se. Arlen Specter (R-PA)
Sen. Orrin Hatch (R-UT)
Sen. Chuck Grassley (R-IA)
Sen. John Kyl (R-AZ)
Sen. Jeff Sessions (R-AL)
Sen. Lindsey Graham (R-SC)
Sen. John Cornyn (R-TX)
Sen. Sam Brownback (R-KS)
Sen. Tom Coburn (R-OK)

Katymine put together a list of toll-free numbers for the capitol switchboard:

1 (800) 828 – 0498
1 (800) 459 – 1887
1 (800) 614 – 2803
1 (866) 340 – 9281
1 (866) 338 – 1015
1 (877) 851 – 6437

While you are at it, feel free to call your Senators even if they aren’t currently serving on the Judiciary Committee — because once this gets past committee, it will go to the full Senate for discussion and debate. Thanks for any calls you can make today, gang. Much appreciated. You can find information about habeas and why restoration is important here. More from the Boston Globe and from NPR (here and here) on recent rulings regarding habeas issues and unlawful enemy combatant detainees.

We have a special chat coming up tomorrow on the habeas issue with folks from the ACLU. You can read more about what the ACLU has been doing on the issue — from the Patriot Act through to the MCA vote and beyond — here on their website. I hope you will join us tomorrow (Thursday) at 3:00 pm ET/12:00 pm PT for a discussion on the efforts to restore habeas fully — this is an important issue, and goes to the core of who we are versus who we ought to be. I’ll have much more on this tomorrow, but I wanted to give everyone a heads up to note it on the calendar. Hope to see you there!

UPDATE: The Habeas restoration bill S.185 is sponsored currently by the following: Authored by Sen. Specter

here’s the co-sponsor list (specter is the bill’s author): (via selise — thanks much!)

Sen Biden, Joseph R., Jr. [DE] – 5/24/2007
Sen Brown, Sherrod [OH] – 2/26/2007
Sen Cantwell, Maria [WA] – 5/7/2007
Sen Clinton, Hillary Rodham [NY] – 2/28/2007
Sen Dodd, Christopher J. [CT] – 3/7/2007
Sen Durbin, Richard [IL] – 5/22/2007
Sen Feingold, Russell D. [WI] – 2/28/2007
Sen Feinstein, Dianne [CA] – 2/26/2007
Sen Harkin, Tom [IA] – 3/14/2007
Sen Kennedy, Edward M. [MA] – 6/5/2007
Sen Kerry, John F. [MA] – 5/15/2007
Sen Lautenberg, Frank R. [NJ] – 2/28/2007
Sen Leahy, Patrick J. [VT] – 1/4/2007
Sen Levin, Carl [MI] – 4/17/2007
Sen Obama, Barack [IL] – 4/20/2007
Sen Rockefeller, John D., IV [WV] – 3/29/2007
Sen Salazar, Ken [CO] – 2/26/2007
Sen Whitehouse, Sheldon [RI] – 5/9/2007

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