HUNTSVILLE, Texas (AP) - Two convicted killers, including a prisoner described by death penalty opponents as mentally retarded, were executed Wednesday in the nation's busiest death chamber.
Before he was given the lethal injection, Brian Keith Roberson, 36, condemned for the 1986 stabbing deaths of an elderly couple who lived across the street from him in Dallas, lashed out at family members and police officers who testified against him at his trial.
``You ain't got what you want,'' he said.
The second inmate, Oliver David Cruz, 33, was executed about an hour later for the 1988 abduction, rape and fatal stabbing of a 24-year-old woman stationed at Kelly Air Force Base in San Antonio.
Cruz's IQ tested as low as 63, leading death penalty opponents to argue that he should not be executed. The Supreme Court, which has allowed other mentally ill or retarded inmates to be executed, voted 6-3 Wednesday to allow the execution to go on.
The court also rejected an appeal by Roberson.
The injections were to be the first multiple executions in Texas since 1997. The execution dates were set by separate local judges, so the timing is a coincidence, said Heather Browne, a spokeswoman for the Texas Attorney General's office.
The Texas Board of Pardons and Parole, in identical 18-0 votes this week, refused to recommend to Gov. George W. Bush (news - web sites) that he halt Wednesday's executions, the 27th and 28th in Texas this year. That left the Republican presidential nominee the option of granting the inmates one-time, 30-day reprieves to pursue further appeals.
Cruz and an accomplice abducted a Kelly Air Base linguist, Kelly Donovan. Cruz raped her and stabbed her to death.
Cruz blamed the attack on his drug use, which he said began at age 13. He said he and his accomplice, who testified against him in exchange for a 65-year prison term, had taken LSD and drank ``a couple of bottles of liquor.''
Cruz's attorney, Jeff Pokorak, argued that the jury was not given enough information about his client's lifelong mental impairment. An IQ under 70 is considered at least mildly retarded, but prosecutors noted that Cruz scored 83 when he entered prison in 1989.
Among the 25 states that allow the execution of retarded killers, some are considering laws prohibiting the practice. The Texas Legislature, which killed a bill last session outlawing the execution of someone whose IQ is below 65, will revisit the issue in 2001.
In the other case, Roberson stabbed James Boots, 79, and his wife, Lillian, 75, while robbing their home. Roberson said he was ``juiced up'' on PCP and liquor.
The double execution is a far cry from Feb. 8, 1924, when Texas prison officials, taking over execution duties from the counties for the first time, inaugurated the electric chair in Huntsville by putting five inmates to death.
Oliver Cruz was put to death in Texas this evening, hours after the Supreme Court refused to block his execution, for raping and killing a young woman in his hometown of San Antonio more than a decade ago.
Mr. Cruz, 33, was given a
lethal injection in the state prison at Huntsville. In a recent interview
with The New York Times, he accepted responsibility for his crime, which
he said he committed while drunk
and on LSD.
"I'm not going to use this as an excuse for what happened," he said.
Mr. Cruz's fate was intensely debated in recent weeks because of his mental condition. His I.Q. had been described as 64 or 76 or 83, depending on when he was tested and by whom, but prosecutors and defense lawyers alike agreed that he was of borderline intelligence, and perhaps was mentally retarded.
The defense argued that it was wrong to execute him because of his mental condition. The prosecution argued that he was smart enough to know what he was doing, and that he was highly dangerous.
Of the 38 states that have capital punishment, 13 have laws prohibiting the execution of someone who is mentally retarded. Federal law bars the execution of people convicted in federal courts. Texas lawmakers have debated similar legislation but have not acted on it.
On Monday, the Texas Board of Pardons and Paroles voted 18 to 0 to deny Mr. Cruz clemency. The vote was no surprise; since Gov. George W. Bush took office in 1995, the panel has rejected all but 1 of 74 clemency requests from death row inmates.
This morning, the Supreme Court voted, 6 to 3, to deny a stay of execution, with Justices John Paul Stevens, Ruth Bader Ginsburg and Stephen G. Breyer dissenting.
The high court's decision
was not unexpected, since the justices rarely intervene at the 11th hour,
and it was issued without comment, as is customary. That left Mr. Cruz's
fate in the hands of Lt. Gov. Rick
Perry, sitting in for the campaigning
Governor Bush.
Under Texas law, the state's chief executive can grant only a 1-time 30-day delay of execution. The American Bar Association and the European Union called on Governor Bush to stop the execution, but he declined. His spokeswoman, Linda Edwards, said last week that Mr. Bush believes it is up to the jury to weigh the evidence about a defendant's mental capabilities, and whether a death sentence is appropriate.
Because Mr. Bush is seeking the presidency, and because of the protests from Europe, where capital punishment has virtually disappeared in recent years, Mr. Cruz was in the spotlight longer than many death row inmates. In 1988, Mr. Cruz and another man abducted Kelly Donovan, who was 24 and stationed at an Air Force base in San Antonio. She was raped repeatedly, then stabbed to death. The other suspect accepted a plea bargain and got a 65-year sentence (with the possibility of parole after a quarter of that) in return for testifying against Mr. Cruz.
Mr. Cruz's lawyers argued that it was unfair for the other defendant to get a break at Mr. Cruz's expense.
Mr. Cruz's execution overshadowed
that of Brian Roberson, 36, who was put to death earlier tonight for the
1986 robbery-slayings of an elderly couple who lived across the street from
him in Dallas. The double
execution, the result of bureaucratic
coincidence, was the 1st in Texas in 3 years.
For all the attention it
got, Mr. Cruz's case was like all capital punishment cases in one respect.
At the heart of it was a terrible deed that could not be undone. Whatever
Mr. Cruz's mental condition, he
understood that much. "I know
I was wrong," he said in the recent interview. "There's nothing I can do to
change it, bring that person back."
Cruz becomes the 28th condemned inmate to be put to death this year in Texas and the 226th overall since the state resumed capital punishment on Dec. 7, 1982.
Cruz becomes the 58th condemned inmate to be put to death this year in the USA and the 656th overall since America resumed executions on Jan. 17, 1977.
And Cruz becomes the 140th condemned inmate to be put to death during thetenure of Governor George W. Bush, who took office in January 1995.
(sources: New York
Times & Rick Halperin)
Brian Keith Roberson, 36, condemned for the 1986 stabbing deaths of an elderly couple who lived across the street from him in Dallas, died after receiving a lethal injection.
Roberson, smiling from the execution chamber, lashed out at family members and police officers who testified against him at his trial. "You ain't got what you want," he said.
Roberson stabbed James Boots, 79, and his wife, Lillian, 75, while robbing their home. Roberson said he was "juiced up" on PCP and liquor.
Roberson becomes the 27th condemned inmate to be put to death this year in Texas and the 226th overall since the state resumed capital punishment on Dec. 7, 1982.
Roberson becomes the 57th condemned inmate to be put to death this year in the USA and the 655th overall since America resumed executions on Jan. 17, 1977.
And Roberson becomes the
139th condemned inmate to be put to death during the tenure of Governor George
W. Bush, who took office in Jan. 1985.
Dear Sir,
I am writing to you on behalf of death row inmate Brian Keith Roberson. He is presently incarcerated on death row at the Charles Terrell Unit in Livingston, Texas. He is scheduled to be executed on August 9, 2000.
Recent Developments
Governor Bill Ryan of Illinois
declared a moratorium on the death penalty, after the 13th innocent person
was released from death row and a systematic review uncovered substantial
problems with the administration of the death penalty. Recently, a similar
review of 131 Texas death penalty cases exposed many of the same flaws that
rendered Illinois’ system fundamentally unsound.
Texas cases are marred by systemic
deficiencies ranging from inherently unreliable evidence, a disproportionate
number of attorneys who have been disbarred or suspended serving as appointed
defense counsel, meager resources for indigent defendants, and dubious psychiatric
testimony.
Racial Bias
During Mr. Roberson’s trial, the State of Texas exercised preemptory strikes against prospective jurors who were African-American. The prosecutor stated bluntly that African-Americans who answered a question in a certain way were less intelligent, and did not meet the standards required to be a juror.
The State of Texas recently
recognized that "’discrimination on the basis of race, odious in all respects,
is especially pernicious in the administration of justice.’" In light of
this recognition, Texas has conceded error in several cases in which a psychiatrist
predicted the future dangerousness of
a defendant based on his race.
The State of Texas purposefully excluded all African-Americans from participation in the judicial process that resulted in Mr. Roberson’s conviction and death sentence by an all-white jury. This practice, for which Dallas County has become notorious over the past three decades, undermines the very core of the promise of equal protection contained in the United States Constitution. Because this odious practice infected Mr. Roberson’s entire trial, it is unworthy of the appellation "justice," nor should it earn your stamp of approval.
When Mr. Roberson was nine
years old, a white man stabbed his father to death. The white man convicted
of murdering an African-American, however, was given a light sentence and
eventually granted an early release before he finished serving it. Mr. Roberson
was sentenced to death for a similar
crime, except that the victim
was white and the defendant was African-American. It is an irrefutable truth
that the death penalty is disproportionately applied to people of color who
kill white people, the
only question is how long racial
bias in the application of the death penalty should be tolerated.
Mitigating factors
The murder of Brian Roberson’s father was a tragic loss that profoundly affected him as a young child, and surely influenced Mr. Roberson’s behavior as a young adult and led to his drug abuse. It is well known and documented that using drugs such as P.C.P and cocaine drastically alter human behavior. Brian Roberson’s jury, however, was deprived of any expert medical testimony that would have explained his mental state.
Many friends and acquaintances who knew Brian Roberson testified favorably on his behalf. Mr. Roberson was always friendly, polite, and had never shown any violent behavior before. Today, Mr. Roberson has many friends and pen pals throughout Europe and the USA. They came to know him well through correspondence and personal visits over the years. Each of them can verify that he is friendly and has a pleasant personality. Many of them would not hesitate to invite him to their homes. Brian is a person who is eager to find answers through spirituality and who avoids conflict.
Mr. Roberson is also the member of a large family who love and care about him. He has two brothers and one twin brother, two sister in laws, a grandmother, various uncles and aunts, cousins, nieces and nephews. He also has a young adult son. It would be a great family tragedy if he would lose his father to a violent death just as Brian lost his father at a young age. Mrs. Roberson – Brian’s mother – has experienced tremendous hardship ever since her son was tried for capital murder and sentenced to death. His execution would not only increase a mother’s hardship and unbearable pain but would cause unnecessary excessive trauma to the family as a whole.
Ineffective Assistance of Counsel
Mr. Roberson’s inexperienced
attorney failed to raise various issues that could have saved his life.
The jury never heard a medical opinion regarding Brian’s drug abuse problems,
a psychiatric report on the impact of his father’s death, witness testimony
that gave a more favorable picture of his
character, or testimony explaining
the link between his struggle with his father’s death and his drug abuse.
Brian’s attorney has even admitted -- in a written statement -- that she was
too inexperienced when she represented Brian and, as a result, her representation
was ineffective.
Conclusion
The United States constitution guarantees racial equality and fair representation in court. Mr. Roberson was denied these basic guarantees. A racially discriminatory process, circumstantial evidence, and defense counsel who has admitted that she was ineffective have led to Mr. Roberson’s death sentence. However, Mr. Roberson’s good character and his constant striving for self-improvement have convinced me that he is a valuable member of society. I feel compassion for Brian’s family who may lose a loved son, brother, uncle or cousin. I consider Mr. Roberson a friend who deserves to live!
I urge you to please carefully consider Mr. Roberson’s plea for clemency and grant him a stay of execution.
Yours sincerely,
. . . . . . . . . . .
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