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Next Travis County DA Should Take the Death Penalty Off the Table


by: Scott Cobb

Fri Dec 14, 2007 at 09:32 PM CST


(This will be an interesting race as the field of candidates develops. I'm curious if the BOR audience sees this as an issue in the race or not. - promoted by Karl-Thomas Musselman)

Travis County District Attorney Ronnie Earle is retiring. He was first elected in 1976. The next DA in Travis County should reflect how the Travis County community's feelings on the death penalty have evolved since 1976 and pledge that the death penalty is off the table within Travis County.

Last October when Paul Burka first reported that Earle may be retiring, Burka wrote that  "a DA is supposed to be the conscience of the community", which brings up the issue of to what extent the conscience of the community in Travis County has changed since 1976. 

I expect it has changed enough that any person who seeks the Democratic nomination for Travis County District Attorney in 2008 is going to have to seek the support of voters within a community whose conscience does not include support for the Texas death penalty. Of course, there are voters here who support the death penalty in theory, but there are many more whose theoretical support is trumped by their disgust with how the death penalty operates in Texas. And in Travis County, there is also a substantial bloc of voters who reject the death penalty both in theory and as it is practiced.

I am certain that a big majority of Democratic voters, if not all voters, in Travis County believe that the death penalty system in Texas is broken.

There is a precedent already in Texas for a district attorney to declare a county-wide moratorium on death penalty prosecutions. The Nueces County District Attorney’s Office put a hold on seeking the death penalty in capital murder cases last October in light of the U.S. Supreme Court’s decision to hear a case that questions whether lethal injection is cruel and unusual punishment.

But I expect the people of Travis County know that the problems with the death penalty system are bigger and deeper than just the issue of how a lethal injection is administered. The Texas death penalty system is riddled with problems from start to finish, from the initial investigation and arrest, the process used to decide whether to seek the death penalty, the actual prosecution and defense of a capital trial, the appeals process and the manner in which an execution is finally carried out.

The most fundamental problem is perhaps an inability to distinguish with certainty whether a person is guilty or innocent. If a system can not ensure that the guilty are convicted and the innocent protected, then the death penalty should be off the table. The need for local prosecutors to impose a moratorium on death penalty prosecutions is particularly great because of the failure of state leaders to enact a moratorium and create a commission to study the death penalty. In fact, the state legislature would not even create an innocence commission. 

I am sure that the people of Travis County are very comfortable with life without parole as an alternative to the death penalty. Any candidate who seeks to become district attorney in Travis County should pledge not to seek the death penalty. Life without parole is a valid alternative. In a contested Democratic primary in Travis County, a candidate who acknowledges that the death penalty system in Texas is riddled with problems and puts innocent people at risk of execution is likely to be rewarded with votes. 

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KXAN interview tonight at 10 PM (0.00 / 0)
I just did an interview on Austin's KXAN about this issue. it should air tonight at 10. They called to talk about what impact I thought the fact that the New Jersey governor had just signed a bill abolishing the death penalty in New Jersey would have on Texas.

I said that I think support for the death penalty is declining across the country for various reasons, even in Texas, where the number of people sentenced to death has declined. Of course, the support for the death penalty in Texas has not declined as much as it has in New Jersey. But Travis County is different from the rest of Texas. I believe the voters in Travis County are probably ready to live in a county where the district attorney uses life without parole in all capital cases instead of the death penalty. I am going to test that theory by asking all candidates for district attorney in Travis County to pledge to take the death penalty off the table.

One of the benefits of not seeking the death penalty, in addition to eliminating the risk of executing an in is that it will save money, because having a death penalty trial is more expensive than a life in prison trial. The money saved can be used for programs that reduce crime before it happens.  


oops, got logged off suddenly (0.00 / 0)
I got logged off before I could finish that last comment. The corrected paragraph is below:

One of the benefits of not seeking the death penalty, in addition to eliminating the risk of convicting and possibly executing an innocent person, is that it will save money, because having a death penalty trial is more expensive than a life in prison trial. The money saved can be used for county programs that reduce crime before it happens. Or perhaps the money could be used to increase the budget of the Public Integrity Unit within the Travis County DA's office.



[ Parent ]
KXAN report (5.00 / 1)

KXAN "New Jersey Abolishes Death Penalty, Sparks Talks Of Change In Texas" Excerpt:

Death penalty opponents in Austin believe Monday's decision to abolish the death sentence in New Jersey is another indication that the tide is turning.

An announcement out of the Criminal Justice Complex last week seems to be rallying death penalty opponents in Travis County.

For the first time in three decades, a new district attorney will be prosecuting cases here.

"The death penalty system is broken in Texas, and we as voters in Travis County have an opportunity to say, 'Because it's broken, we're not going to use it,'" said Scott Cobb, president of the Texas Moratorium Network.

Cobb said the announcement that District Attorney Ronnie Earle will not seek re-election was tantamount to a rallying cry for death penalty opponents in Travis County, who are now determined to hit the campaign trail.

"We think the people of Travis County are ready to abolish the death penalty in Travis County and that's our challenge to whoever runs for District Attorney," Cobb said.



Time for Travis County to End This Old South Legacy (0.00 / 0)
CNN's headline says "Executions drop in '07 as states rethink death penalty". According to the article, 2 people were executed in 2007,  a 13 year low. The drop is in part due due to the Baze decision that was accepted by the U.S. Supreme Court. There was only one execution after the Court accepted that case, Michael Richard was the last person executed this year on Sept 25, although his execution likely could have been halted as well, if Sharon Keller had not said "We close at 5".

"Texas continues to lead the nation, with 62 percent of executions nationwide this year. Overall, 86 percent this year were in the South", says the report.

The question for Travis County voters in the upcoming election for District Attorney is whether they are ready to turn the page on another legacy of the Old South and elect a District Attorney who will pledge not to seek the death penalty. Texas Moratorium Network has submitted a Public Information Request to Ronnie Earle's office asking for the number of death penalty prosecutions and convictions during his tenure. I expect to see a similar pattern to the national numbers showing a decline. The next district attorney should pledge to reduce the number of new death sentences from Travis County to zero and instead use life without the possibility of parole as an alternative.

In other death penalty news:

In 2007, the Texas Legislature expanded the death penalty to apply to second offenses of child sexual assault. Many people said that bill would probably be found to be unconstitutional. We will soon find out if they were right. "The U.S. Supreme Court on January 4 will decide whether to review an appeal from Louisiana inmate Patrick Kennedy, sentenced to death in 2003 for raping his 8-year-old stepdaughter." says CNN.

The people of Texas are probably tired of seeing Texas legislators expand capital punishment while refusing to expand access to health care or higher education. Executing more people may have been high on the agenda of the Republicans who took control of the Texas House in 2003, but if the Democrats take back control in 2008, you can expect to see more action on health care and education and no more time wasted passing unconstitutional bills expanding the death penalty.


Correction (0.00 / 0)
42 people, not 2 in the typo above, were executed in the U.S. in 2007. (The 4 key on my laptop is not working, after a recent coffee spilling mishap.)

[ Parent ]
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