Eight legal executions or eight legal murders?

8 People Who Were Executed and Later Found Innocent 

Reprinted from NakedLaw 
 May 6, 2010

It’d be nice to think our judicial system is totally infallible, but unfortunately, that’s just not the case. Innocent people are convicted of crimes they didn’t commit more often than anyone would like to admit, and in some cases, people who were later found to be innocent have actually been put to death.

Here are 8 people who were executed and innocent.

Cameron Todd Willingham—In 1992, Willingham was convicted of arson murder in Texas. He was believed to have intentionally set a fire that killed his three kids. In 2004, he was put to death. Unfortunately, the Texas Forensic Science Commission later found that the evidence was misinterpreted, and they concluded that none of the evidence used against Willingham was valid. As it turns out, the fire really was accidental.

Ruben Cantu—Cantu was 17 at the time the crime he was alleged of committing took place. Cantu was convicted of capital murder, and in 1993, the Texas teen was executed. About 12 years after his death, investigations show that Cantu likely didn’t commit the murder. The lone eyewitness recanted his testimony, and Cantu’s co-defendant later admitted he allowed his friend to be falsely accused. He says Cantu wasn’t even there the night of the murder.

Larry Griffin—Griffin was put to death in 1995 for the 1981 murder of Quintin Moss, a Missouri drug dealer. Griffin always maintained his innocence, and now, evidence seems to indicate he was telling the truth. The first police officer on the scene now says the eyewitness account was false, even though the officer supported the claims during the trial. Another eyewitness who was wounded during the attack was never contacted during the trial, and he says Griffin wasn’t present at the crime scene that night.
 
Carlos DeLuna—In 1989, DeLuna was executed for the stabbing of a Texas convenience store clerk. Almost 20 years later, Chicago Tribune uncovered evidence that shows DeLuna was likely innocent. The evidence showed that Carlos Hernandez, a man who even confessed to the murder many times, actually did the crime.

David Wayne Spence—Spence was put to death in 1997 for the murder of three teenagers in Texas. He was supposedly hired by a convenience store clerk to kill someone else, but he allegedly killed the wrong people by mistake. The supervising police lieutenant said “I do not think David Spence committed this crime.” The lead homicide detective agreed, saying “My opinion is that David Spence was innocent. Nothing from the investigation ever led us to any evidence that he was involved.”

Jesse Tafero—In 1976, Tafero was convicted of murdering a state trooper. He and Sonia Jacobs were both sentenced to death for the crime. The main evidence used to convict them was testimony by someone else who was involved in the crime, ex-convict Walter Rhodes. Rhodes gave this testimony in exchange for a life sentence. In 1990, Tafero was put to death. Two years later, his companion Jacobs was released due to a lack of evidence…the same evidence used to put Tafero to death.
 
Thomas Griffin and Meeks Griffin— The oldest case on this list dates back to 1915. The Griffin brothers, two black men, were convicted of the murder of a white man. The reason they were convicted is because Monk Stevenson, another black man suspected of committing the murder, pointed to the brothers as having been responsible. He later admitted the reason he blamed them is because they were wealthy, and he assumed they had the money to beat the charges. The Griffin brothers were completely innocent, but they were put to death nonetheless.

Also see other posts on executions

1. Charles H. Rector: His last letter from death row

2. My personal eyewitness experience to an execution in Texas; it was no 'Dead Man Walking' scene

3. The Georgia execution of Troy Anthony Davis brought back unpleasant memories (Video)

4.  Charles Henry Rector: Was he guilty of murder and rape beyond a reasonable doubt?

5. Legal executions or legal murders?

6. Gary Graham and a single eyewitness conviction

7. Condemned killer executed for horrendous dragging death of James Byrd, Jr. (Video)

My personal eyewitness experience to an execution in Texas; it was no 'Dead Man Walking' scene

My personal eyewitness experience to an execution

Before March 25, 1999, I had never witnessed an execution. All I knew about an execution was what I had read, had seen in the movies. On TV and in some movies, an execution is more suggestive than the actual showing of it. Real executions are nothing like the scene in Dead Man Walking, where the condemned killer is strapped to an upright gurney so that he can face families and witnesses. That is not the way they do it in Texas.

The above date was the year my cousin, Charles Henry Rector, was executed by the State of Texas. He had been on death row since September 2, 1982. Today, twelve years later the memory is still lives with me. 

After Charles’ execution, his plea of innocence piqued my curiosity. I began a research journey into his case. I read everything I could find, including trial transcripts, police reports from Austin and Killeen, Texas, news stories, his appeals. I’ve pulled some of that information to help write his blog. But first, my one and only experience observing an execution.

The Texas execution chamber is housed next to this larger 
pink building.

The Pink Building

Inmates awaiting execution are housed in a holding cell in Huntsville, Texas, located in downtown. The huge building is a deep pink facility that stretches a couple of blocks. Inmates relocated in this building will be executed unless they get a stay from the governor. 

Inmates can be seem looking out onto the streets from behind barred windows. The actual execution chamber is located behind the pink building. In the center of the room is a gurney covered by a clean white sheet, a pillow and five straps to hold down the inmate’s arms, legs and mid-section just in case the condemned tries to get off the table. On each side of the gurney are two padded arms rests with thick straps on each side. (see photo below)

There is a slanted mirror to the left in the 9 foot by 12 foot chamber. Tubes that carry sodium thiopental, pancuronium bromide, and potassium chloride (this was the deadly cocktail in 1999) are fed through the small square opening in the wall. Relatives of the condemned and those of the victim observe the execution through different windows in different rooms, separated by a cement wall. They cannot see or hear each other.

Stepping into the execution chamber, witnesses eyes zoom immediately to the inmate lying on the gurney, securely strapped down. Charles appeared composed and resigned to his fate. It was somewhat startling (for me) to see him lying on his "death bed" in such quiet silence. He was dressed in a freshly laundered white (pants and short sleeve shirt) prison uniform. A white sheet covered him from mid-chest to his feet. A intravenous needle was attached to his left his arm. The warden and a priest were in the chamber with him, which is tradition. The chamber was solemn, calm and silent. I am told that at the time of death an inmate may lose control of his bodily functions, the reason for the sheet.

Prior to preparation for an execution, a condemned inmate can order a last meal. He or she will have 30 minutes to eat (3:20 to 4 pm). All visitations are stopped at 12:30 pm, except for the chaplain. Charles' last meal consisted of three tacos, three beef enchilada, french fries and a strawberry shake. Inmates can refuse the last meal. Loosing one's appetite at the last minutes seems normal. It is not mandatory that they eat what they ordered. After the meal the inmate takes a shower, and changes into clean pants and shirt. After this the prepping process continues.  A medically trained person inserts an intravenous catheter into the inmate's arm. The process is completed before relatives and witnesses arrive to witness the execution.

When the execution is completed, and the inmate is announced deceased, families of the executed inmates and relatives of the victim do not walk out together. Nor did they enter the chamber simultaneously. In the administration building they never see each other. If a witness or family member needs counseling prior to the execution, the service is provided. Everyone is escorted to the chamber about 30 minutes before the execution. In Texas all executions are scheduled for 6:00 p.m.  After the execution concludes families are free to talk to the media.

Strapped and ready

Texas' well used execution chamber

Charles looked in our direction when we stepped into the death chamber, taking our place at the picture window.  There were no chairs in the chamber like in the movies. We all stood at the window to watch the execution. Unsure I would be able to watch the execution, I told prison personnel prior to the execution that I wanted to leave soon after  Charles made his last statement. She understood and said that could be arranged. I tried to watch but I could watch him die. 

As I told him earlier in a telephone conversation: “Take your soul to a higher place. Texas can kill your body but not your soul.” Observing him displayed on the gurney, I looked at him and pointed upward.

I cannot imagine what Charles Henry Rector, my first cousin, was feeling lying there, an intravenous needle in his left arm, ready to die for a crime he said he was not guilty of committing. During a last minute telephone call that was not supposed to happen, Charles, in an upbeat mood, declared his innocence. The telephone call is too long to write about in this blog. I'll just say that God was on my side that depressive afternoon. Maybe I'll write about it another day.

As is the custom, the warden asked Charles if he had any thing to say. Charles, who had learned to write poetry and rap songs, said he did. He spoke into the microphone suspended above his head. The warden pulled it down close to Charles's mouth so everyone could hear him. He looked at his sister, Gigi and said:

The first statement I would like to make it’s to my sister. I want her to know that every thing that is said, every move that is made, every motion I hold is true to my heart. I hold it in my soul.

I want you to know that I am not guilty and I will say this to the family. I did not kill your daughter. Take it the way you want. Sorry for the pain.

Sister, I love you and will be there with you, to help you. I want to talk to you about being there . . . You know what I am saying. I want to thank you, thank you for the words. The dying words, you know. They mean a lot. Make sure he knows what I want him to know.

I want to quote a song that I wrote called "God Living with Us 24 Hours." It goes:

Tell the kids I love them and I’ll be there. That’s all I have to say.

He thanked me, football star Thomas "Hollywood" Henderson and his sister for coming to his execution. 

Turning to talk to the murdered girl's five family members, Charles said, "I want you to know that I am not guilty. And I will say this to this, I did not kill your daughter. Take it the way you want. Sorry for the pain".

After Charles said what he wanted to say, the warden then signaled the hidden death deliverers to proceed with the execution. I told the guard to open the steel door. I stepped into the early evening air, feeling sick to my stomach. I went back the waiting room in the pink building, my whole body shaking. I waited for the execution to end. The experience was very dramatic for me. I don't think it will ever leave me.

Charles was pronounced dead at 6:22 p.m. After the execution and death was confirmed, Charles's body was taken from the execution chamber to a waiting hearse. Usually, the body is either delivered to the family's mortuary of choice or buried by the state. The condemned, in a prearrangement, can request that his or her body be donated to the state's anatomical board for the purpose of medical research.

Public execution poll: To view or not to view

A  poll taken in 2001 asked this  question: ”Should the public be able to view executions?”  Respondents were divided: 23% said yes; 23% were against; 19% felt executions should be viewed by family members only; and 17% said executions should be private.

Hundreds of reporters and photographers, some from as far away as New York and Chicago,  were dispatched to Owensboro to cover what was then the country's first hanging of a woman. At least 20,000 people descended on the town to witness the execution. Bethea walked toward the gallows shortly after sunrise and was pronounced dead at around 5:45 a.m. that same day.

In 1936, reporters blasted what they called the 'carnival in Owensboro.' Many scholars say Bethea's execution -- and the coverage it received -- led to a banning of public executions in America. (NPR, May 1, 2001) 

The Georgia execution of Troy Anthony Davis brought back unpleasant memories

On Wednesday, September 21, 2011, Americans and people all over the world were cognizant that Troy Davis, a 42-year-old Africa American man from Georgia, was going to be executed for a crime he said he did not commit. Previously, he had requested a polygraph test, but the request was blocked by prison officials. Davis's lawyer petitioned the Supreme Court to stop the execution, but the request denied without explanation. The four hours wait to get the word from the Supreme Court was an intense nail-biter. The Court was Davis's the last hope. 

Ed Jackson, reporter for The Guardian, a British newspaper, was in Georgia for the execution. He wrote, "Even if you set aside the issue of Davis's innocence or guilt, the manner of his execution tonight is cruel and unnatural.

"If the execution goes ahead as expected, it would be the fourth scheduled execution date for this prisoner. In 2008 he was given a stay just 90 minutes before he was set to die. Experts in death row say such multiple experiences with imminent death is tantamount to torture".

After the Supreme Court's decision was announced, Davis was wheeled into Georgia's death chamber at 10:53 pm.  He was pronounced dead at 11:08. Amy Goodman of Democracy Now interviewed radio journalist Jon Lewis after the execution. He related with happened.

"Basically, it went very quietly. The MacPhail family and friends sat in the first row. Warden read the order, asked if Troy Davis had anything to say. And Davis lifted his head up, looked at that first row, and made a statement, in which he said—he wanted to talk to the MacPhail family and said that, despite the situation you’re in, he was not the one who did it. He said that he was not personally responsible for what happened that night, that he did not have a gun.

"He said to the family that he was sorry for their loss, but also said that he did not take their son, father, brother. He said to them to dig deeper into this case, to find out the truth. He asked his family and—his family and friends to keep praying, to keep working and keep the faith. And then he said to the prison staff, the ones he said 'who are going to take my life,' he said to them,  'May God bless your souls.' Then he put his head back down, the procedure began, and about 15 minutes later it was over."'

At the conclusion of the prosecution and defense attorney summations, August 28, 1991, it took a jury less than two hours to find of Troy Davis guilty of murder, aggravated assault, possession of a firearm during the commission of a felony and obstruction of a law enforcement officer. 

Addressing the jury Davis pleaded that his life be spared. He asked the jury to " .  .  . just give me a chance. That's all I ask. He told the jury he was charged with "offenses I didn't commit". On August 30, 1991, after seven hours of deliberation, the jury recommended that Davis get the death penalty. He had three execution dates and three stays before September 21, 2011.

Davis was the eldest child of four. He was the son of Korean War veteran Joseph Davis, and Virginia Davis. They divorced when Davis was young. He grew up in a middle class neighborhood in Savannah, Georgia.

Troy Anthony Davis

Mark MacPhail

 What happened the night officer McPhail was killed

In the early morning hours of August 19, 1989, several people including Troy Davis and Sylvester “Redd” Coles, were hanging out near a Burger King parking lot adjoined to a Greyhound bus station in Savannah, Georgia.  Coles started arguing with a homeless man named Larry Young, demanding that Young give him a beer.

As Young walked away, he was pistol-whipped, the gun striking his head. Police officer Mark MacPhail, serving off-duty as a security guard at the bus station, responded to a call for help. As he came running to Young’s rescue he was shot and killed by the same man who had attacked Young. The day after the shooting Coles went to the police station with his lawyer and said Troy Davis was the shooter.

Seven eyewitnesses who said they saw what happened, later recanted their testimony. Endeavoring to correct their original testimony was not convincing enough to derail Davis's execution. The last ray of hope was killed when the U. S. Supreme Court denied a stay. Reportedly, there was no physical evidence connecting Davis to the fatal shooting.

Watching the pending execution of Troy Anthony Davis on television Wednesday night I felt jittery, overcome with nervous energy. I could not explain my reaction to myself or anyone else. I got on my treadmill, where I walked for one solid hour. And then I remembered the day I got a letter from my cousin, Charles H. Rector, informing me that his execution date had been set. I felt a burst of nervous energy, so much so that I ironed clothes I had set aside for almost a year. I felf lost and helpless. I finally concluded I was reliving that March 25, 1999 execution in Texas all over again.

Mark MacPhail was 27 years old when he was killed in 1989. He was married and the father of a two-year-old daughter and an infant son. He joined the Savannah Police Department in 1986 after spending six years in the military as a Army Ranger. The son of an Army Colonel, MacPhail was a patrol officer for three years. In 1989, seeking a career change within the police department, he applied to train as a mounted policeman.

Mark MacPhail was laid to rest August 22, 1989 at the Trinity Lutheran Church.

Charles Henry Rector: Was he guilty of murder and rape beyond a reasonable doubt?

 Family Genealogy

The Texas judicial system said “Yes” but facts in his case said “No.”

Supposedly, Carolyn "Katy” Davis was kidnapped from her apartment October 17, 1981, by Charles Rector, 27, Howard Ray Simon, 21, and Michael Anthony Miller, 21. All three were on parole and lived in the same halfway house on East 12th Street in Austin, Texas. There were no eyewitnesses putting Rector in Davis’s apartment. Someone at the complex came forward, and said he saw two Black men walking towards Davis’s apartment, neither of which were identified. Investigators told the media the intruders climbed through a second-floor window to gain entrance to the apartment. No ladder was found under the window.

Charles Henry Rector

Police reports that I read stated that when they arrested Rector near the crime scene, he was alone and shirtless. The night was humid. He had no bruises or scratches on his body. The area where Davis’s body was found the next day was grassy and muddy.

Some important facts involving Charles Rector’s case

A)  One defense lawyer involved in the case said that without Howard Ray Simon’s testimony the case against Rector would “definitely be a circumstantial case.” Another source said it would be a strong circumstantial case, but admitted that without Simon there are no witnesses to put Rector either with Davis or in the victim’s apartment. (Austin American Statesman)

B)  Simon hightails it to Dallas after the murder/rape. He is caught and returned to Austin. He makes a confession implicating himself, Rector and Michael Anthony Miller. He escapes the Travis County jail and goes on the run again. A few weeks later he is shot and killed by a Logansport teenager after a robbery in Louisiana.

C)  Scattered clothing was found in the area near Davis’s nude body on the lake. Police were unsure who they belonged to.

D)  Reportedly, Rector was arrested after returning to the scene of crime to look for a knife he left. At the trial the prosecution did not present the knife that would put Rector in Davis’s apartment.

E)  This is an excerpt from a police report: “. . . a ‘78 Ford, stolen and recovered at the Hyde Park Parking Garage. Officer James Beck, reporting officer, wrote in his police report that it was seen at 2:30 a.m. I went to the police garage, observed a lot of mud. While caliche grass and mud [are] comparable to that found on the clothing of Howard Simon of whose clothes I had gotten after 3 a.m. Rector’s car had no grass or dirt that put it at the crime scene. There was no dirt or cut grass on the pants or shoes he was wearing despite prosecutors saying he was on the lake committing the act of murder against Davis.”

F)  A firearms expert testified that the caliber of pistol found in Charles Rector’s car may have been involved in the slaying, but ballistic tests proved inconclusive.

G)  In a confession Michael Anthony Miller said the three of them– Charles Rector and Howard Simon--returned to halfway house with Carolyn Davis sitting in the back seat.  Miller wanted to change clothes.

H)  Soil and hair taken from Charles Rector’s car did not match those found on Carolyn Davis’s body.

I)  According to Scott Eby, a witness on the night of the crime, (from original police report, page 47) he said he heard someone walking outside his apartment. He heard a female scream, and then a splash as if someone had fallen into the swimming pool. He said he looked out his window and saw the backside of one Black man and heard the voice of more than one person. He described what they were wearing. However, by the time Charles Rector went to trial, his testimony had changed.

J)  Officer William Matthews testified that he noticed some stolen items in the trunk of Rector’s car at the end of "high speed chase" (approximately 20 to 25 MPH). He testified that Rector was wearing a pair of tight blue jeans, a pair of beige shoes, no shirt. Williams testified that Rector had some of the victim’s jewelry in his blue jean's pockets, was wearing a high school class ring bearing her initials. He testified that Rector was not wearing underwear.

K)  A pair of men’s underwear and a pair of pantyhose were found near the crime scene. Neither item was testified to at Charles Rector’s trial. There was no forensic report as to who the underwear and pantyhose belonged to.

L) From the beginning of the trial jurors were told the state’s case was based on circumstantial evidence, and there were no eyewitnesses to the murder/rape of Carolyn Davis.

M)  The Austin American Statesman wrote that defense lawyers spent most of Thursday morning trying to discredit Bayardo’s testimony about the time of death. The medical examiner said Davis died about 11 p.m. Oct. 17, an hour before Rector was arrested.

Charles Henry Rector, 1999

**In a letter dated March 23, 1999, Charles Rector wrote:  “Even though we now have the evidence that I was in the custody of the Austin Police Department at the time the deceased in my case was being murdered, I can’t get the court to give me a hearing so that I could show the court the evidence. So, I may just die because I don’t have the money to pay a attorney to get me a hearing . . . I am filing a motion on my own and just maybe the court will hear my motion . . .”

N)  Joe Irvin, Carolyn Davis’s stepfather, identified Michael Miller in court as one of two men who returned to Davis’s apartment soon after killing her. Minutes after the men were spotted, Charles Rector was arrested a few blocks away.

O)  Citing a lack of evidence, jurors on Friday acquitted Anthony Miller of the 1981 murder of Carolyn “Katy” Davis.

Medical examiner in denial

Travis County Medical Examiner Roberto Bayardo was one of only two defense witnesses. The other, private investigator Don Cripps, said Bayardo told him in December that Davis died between 1 a.m. and 3 a.m. Oct 18--after Rector already was in custody (Austin American Statesman). The medical examiner denied he made that statement to the investigator.

With the death of Howard Simon, Michael Anthony Miler cut a deal with prosecutors. He was acquitted of all charges.  Miller’s parole officer said Miller had not violated his parole while spinning records in a night club, breaking his curfew.

It took 1 1/2 hours for an all-White jury-- seven men, four women-- to find Charles 
Henry Rector guilty of rape and murder. The prosecution was shocked at the jury’s speeding decision, but praised them for finding Rector guilty “beyond a reasonable doubt.”

There was no doubt in the mind of the prosecution and jury that Rector could abduct 
Carolyn Davis, drive across town to an isolated location on Town Lake, repeatedly 
rape her, shot her in the head, hold her head underwater until she drowned, drive back to her complex to search for a knife he thought he left behind. There was no mud or grass on the jeans he was wearing, no matching dirt on his shoes, no scratches or marks on his body. He did all this from between 9 p.m. and 11 p.m., the time he was arrested.

Supposedly, Rector and Miller were seen running from the apartment. Supposedly, they were seen by a fingerprint's expert and Davis's stepfather. I assume Miller ran in a different direction. Charles was sitting alone in his car when police approached him. Supposedly, Charles had run a couple of blocks to his parked car. He got into the car, waiting for Miller. A policeman approached the car. Charles started the engine and engaged the officer in a "high speed" chase.

Like Troy Anthony Davis, Charles Henry Rector pleaded innocent of the crime for which he was charged. Unlike Davis, there were no protests against Rector’s execution. But like Davis, Rector did not have money to hire a qualified attorney. Before his trial began Rector refused to plead guilty in exchange for life in prison. He said he was not guilty. He was not willing to accept a plea deal.

In an interview with Michael Graczyk, Houston Chronicle, Rector told him, “I’m not sorry 
to have not taken the life sentence. I’d rather die than say I’m guilty. It’s not my crime. It’s not my nature to kill for blue jeans. Come on, it would take an animal to kill for a pair of blue jeans.”
 

Rector was the 172nd prisoner to be executed since Texas resumed its death penalty in December 1982 when Charles Brooks, an African American, became to the first condemned to die by lethal injection. In 1999, 17 Whites, 11 Blacks and seven Hispanics were executed. As of December 2009, the death penalty has been authorized in 36 stares. Texas leads the nation with the number executions since reinstated in 1976 after a brief moratorium. 

Gary Graham and a single eyewitness conviction

Gary Graham

 "Whoever kills a person, the murderer shall be put to death on the testimony of witnesses; but one witness is not sufficient testimony against a person for the death penalty." Numbers 35:30

 On June 23, 2000 a controversial execution took place in Texas. It was not a first for the Lone Star State. This pending execution drew media attention, anti-death penalty protests and noted civil rights activists. The death row inmate was Gary Graham, 36, an African American. He was convicted on the word of one eyewitness. 

Frank Jarrett, chairman of the Board of Pardons and Paroles, said of the witness: “She was credible” compared to the other witnesses who testified for Graham. He said the woman never wavered from her testimony whereas the other witnesses changed their stories.

Gary Graham was convicted in 1981. He claimed he was  innocent of the shooting death. He was 17 when he was charged with the 1981 armed robbery and shooting death of Bobby Lambert outside a Houston supermarket. Graham was convicted primarily on the testimony of one witness, Bernadine Skillern, who testified that she saw the killer's face for a few seconds through her windshield from a distance of 30-40 feet.

Many  capital murder cases are decided without the benefit of an eyewitness. A number of criminal defense attorneys have stated that they prefer it when there is an eyewitness. It gives them a chance to create reasonable doubt. Harris County defense attorney Robert Morrow said, "I see there's an eyewitness and I see an opportunity."

Another local defense lawyer, Floyd Freed, said, " . . .  it certainly gives me more hope at trial" if the prosecutors present an eyewitness. Death penalty cases are usually decided on confessions, physical evidence, and/or circumstantial evidence. In Graham's case there was no confession or  physical evidence. The circumstantial evidence was so weak, prosecutors had to base the  majority of their case on Bernadine Skillern's testimony.” (Texas Execution Information Center).

Two other witnesses, both of whom worked at the grocery store, said they got a good look at the assailant. They said Graham, who has a criminal record, was not the killer. They were never interviewed by Graham's court appointed attorney, Ronald Mock. They were not called to testify at  his trial. Three of the jurors who voted to convict Graham signed affidavits saying they would have voted differently had all of the evidence been available.

Gary Graham’s execution was postponed for three hours while lawyers appealed to the U.S. Supreme Court for clemency. The request was denied. His court appointed lawyer initiated a lawsuit against the Board of Pardons and Paroles. He said the Board it refused to grant a reprieve.

Gerald Garrett

In an interview with Board of Pardons and Paroles Chairman Gerald Garrett in 2000, he told me, "In the Gary Graham case we kept getting information from different people; different resources that felt they had information that was important enough to be considered. So I extended the deadline twice to accommodate the additional information.”

Garrett said they were criticized for making a decision on the day of Graham's execution. Addressing public's conception of the Board faxing and telephoning their decisions, Garrett said they have a set "due date" to respond to an application. Board members independently review "this information and then on a certain day, we ask them to get the information back to Austin. It is sent back to us by fax."

Gov. George Bush, then a presidential candidate, said the decision was in the hands of the Board. In Texas, the Board has power over the governor in death penalty cases. The Board voted 14-3 against a 120-day reprieve; 12-5 against computation to a lesser sentence and 17-0 against a conditional pardon.

Among the witnesses to Graham’s execution were civil rights activists Jesse Jackson and Al Sharpton. Given there were so much doubt about Graham’s guilt, Jackson asked Bush to delay the execution. Like all governors preceding him, Bush believed that capital punishment is just, and is a reliable deterrent against crime.

“There are many doubts as to whether Graham, who was 17 at the time of his arrest, actually killed grocery clerk Bobby Lambert on May 13, 1981, during a robbery attempt. There is no physical evidence linking Graham to the crime. His conviction was based primarily on the testimony of one eyewitness, whose identification of Graham is disputed by other eyewitnesses.

“Texas State Senator Rodney Ellis has called on the Texas Board of Pardons and Paroles to hold a public hearing on the Graham case. The 18-member board, which generally votes by fax, plans to vote privately on Thursday and issue a decision at noon, only six hours before Graham is to be put to death. Usually the board meets prior to the scheduled day of execution. The board, comprised of Bush appointees earning $80,000-a-year salaries, has only commuted one death sentence since Bush took office in 1995.” (World Socialist Web Site, June 22, 2000)

Doubts on the minds of Graham supporters:

A) Only one of six witnesses identified Graham. 
B) The gun found on Graham did not fire the bullet that killed Lambert.
 C) Four witnesses said Graham was someplace else when the robbery/murder took place.

Graham is not willing to succumb to the executioner 

According to an eyewitness, Graham violently fought his appointment with death. He had to be restrained and physically carried to the death chamber. He was wrapped in a white sheet to subdue him. As Graham struggled to stave off the execution he continually proclaimed his innocence.

In a long last statement, Graham said: I would like to say that I did not kill Bobby Lambert. That I'm an innocent black man that is being murdered. This is a lynching that is happening in America tonight. There's overwhelming and compelling evidence of my defense that has never been heard in any court of America. What is happening here is an outrage for any civilized country to anybody anywhere to look at what's happening here is wrong. I thank all of the people that have rallied to my cause. They've been standing in support of me. Who have finished with me. I say to Mr. Lambert's family, I did not kill Bobby Lambert. You are pursuing the execution of an innocent man.

I want to express my sincere thanks to all of ya'll. We must continue to move forward and do everything we can to outlaw legal lynching in America. We must continue to stay strong all around the world, and people must come together to stop the systematic killing of poor and innocent black people. We must continue to stand together in unity and to demand a moratorium on all executions. We must not let this murder/lynching be forgotten tonight, my brothers. We must take it to the nation. We must keep our faith.

We must go forward. We recognize that many leaders have died. Malcom X, Martin Luther King, and others who stood up for what was right. They stood up for what was just. We must, you must brothers, that's why I have called you today. You must carry on that condition. What is here is just a lynching that is taking place. But they're going to keep on lynching us for the next 100 years, if you do not carry on that tradition, and that period of resistance. We will prevail. We may loose this battle, but we will win the war. This death, this lynching will be avenged. It will be avenged, it must be avenged.

The people must avenge this murder. So my brothers, all of ya'll stay strong, continue to move forward. We will prevail. We will keep marching. Keep marching black people, black power. Keep marching black people, black power. Keep marching black people. Keep marching black people. They are killing me tonight. They are murdering me tonight.” 

Graham refused a last meal. 

Anti-death penalty protesters

Rick Perry throws stale red meat and buzz words at information challenged tea partiers

There are White people who refuse to accept the fact that an African American won the presidency in 2008 by a large margin over his White opponent, John McCain. These people commenced protesting against Barack Obama before he was inaugurated.

Several months ago Donald Trump revived the birther circus, glorifying in his ring master role. Everyone with an ounce of common sense knew that Trump was only interested in driving up ratings for his TV show The Apprentice. After signing for a new season he straightway dropped the charade and his plan to run for president.
 
Texas governor Rick Perry, after having dinner with Trump, came out of the dining room to throw left over steak at information challenged tea party folk. Tonight on MSNBC’s Chris Matthews' Hardball,  I saw an ad that Gov. Slick Rick Perry is running. It is chalk full of buzz words, dark and gloomy images signifying Obama’s presidency; the bright, busy images noting how Perry will change the country. At the end Perry (face unseen) rides up on a horse to save a dying America. He sees himself as the self-appointed hero who will vanquish President Obama in 2012. At the end of the ad are the words “An American.”

 “An American.” Now doesn’t that sound familiar? The ad implies that President Barack Obama is not an American. He’s a foreigner. Hawaii, the President's place of birth, is not a legitimate U. S. state! Whereas Slick Rick Perry platform to defeat the President, he is wasting time pumping vitamins into bedridden sound bites.

In his New York speech on Israel, Perry said President Obama is an "appeaser." Perry said the President's foreign policy regarding Israel is "dangerous." This foolish talk was, and still is the kooky meme of tea party politicians and Republicans.

In addition to remembering malnourished comments oozing out the mouths of these people,  I can still remember the homemade posters they proudly displayed at their protests at their anti-Obama protests. Children were holding posters they could not read or understand. Not many of the adults understood what they had scribbled on their homemade posters, ether!  Below are some of those racially tainted posters.

Dale Roberston, Tea Party president in Houston, TX