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Oklahoma native David Paul Hammer's lawyers tried to persuade him to fight his death sentence. So did opponents of capital punishment. Even attorneys for fellow death-row inmate Juan Raul Garza urged him to jump-start his appeals.
In the end, Mr. Hammer says, it took the words of Mr. Garza's 9-year-old daughter, Elizabeth Ann, to convince him that his life could make a difference for others.
"I am fighting now, but it's really more for other people than for myself," Mr. Hammer said this week from federal death row near Terre Haute, Ind., where he, Mr. Garza and 18 others - including Oklahoma City bomber Timothy McVeigh - face execution for their crimes.
"What happens to Juan is likely going to happen to all of us," he said. "Very few of us are going to leave here alive."
Mr. Hammer, 42, had waived all appeals and was to die Nov. 15 - the 1st federal inmate in 37 years to be executed. But he reversed himself after legal advisers for Mr. Garza and other death-penalty opponents warned that his execution could make it easier for the federal government to impose capital punishment.
"I couldn't do anything that might jeopardize ... [Mr. Garza's] living," Mr. Hammer said.

                                                         A reprieve
Mr. Garza, a Brownsville drug boss sentenced to death in 1993 for ordering 3 murders, was scheduled to die Aug. 5, but President Clinton granted a 4-month reprieve so that he could plead for his life under new clemency rules drafted by the Justice Department for capital cases.
The execution was reset for Tuesday - until Mr. Clinton this week ordered a six-month delay so that the Justice Department can complete its inquiry into possible racial and geographic disparities in application of the death penalty.
Mr. Hammer pleaded guilty 2 years ago to strangling his cellmate, bank robber Andrew Marti, at the Allenwood, Pa., federal penitentiary in 1996. A federal judge recently canceled Mr. Hammer's execution date and gave him until at least early 2001 to file his 2nd and final round of appeals.

                                                  Moved by a child
Speaking publicly about his decision to reinstate his appeals, Mr. Hammer said he was especially moved by a letter that Mr. Garza's daughter sent to the president this summer, urging him to spare her father.
"He's my daddy and the only daddy I'll ever have," she wrote. "So please, let my daddy live."
After nearly 1 1/2 years on death row, Mr. Hammer said he and the other 19 federal inmates facing execution have forged a special bond, making it difficult not to do everything possible to help each other.
"Sometimes," he said, "you have to put other people above yourself."

                                                     No protests
Mr. Hammer said he and the other federal death-row inmates had decided informally not to protest if Mr. Garza had been executed.
"None of us wants to see Juan die," he said, but "none of us here on the row will act out verbally or physically in any way. We will act with dignity and respect."
The inmates, Mr. Hammer said, concluded that any protest would further harm the public's perception of them.
"We're not going to feed into that," he said. "We've talked about that among ourselves."

                                                   'Peace of mind'
Mr. Hammer said he knows his decision to fight execution ultimately may not save Mr. Garza, other death-row inmates or himself. But he said he has "peace of mind, knowing I didn't do anything to hurt Juan's case or cause him to be put to death."
Still, Mr. Hammer said he isn't enthralled with the prospect of spending many more years behind bars - especially as he approaches the 24th anniversary of his incarceration.
"This is not an easy life," he said, "especially after you live it for so long."

(source:  Dallas Morning News)       See more news article on his case status linked below...

                                *    FROM AN AN EMAIL TO THE CCADP:

This mail  is about another penfriend I have in prison. I have been writing to David Paul Hammer
for the last year, he has become a good friend of mine and of my family. His execution date has been scheduled for November 15 by the US federal authorities. David has many correspondants: "Having contact with folks on the outside is for me, a lifeline, and the next best thing to freedom,
I love to write and receive mail".  Several of his correspondants and friends - including me - wanted to visit him before his execution.  We were denied approval for visitation for the following reason :  "No relationship prior to the inmate incarceration".

Tracy, you know of course that David has been incarcerated for the last 23 (twenty-three !) years. How many people do you think are still susceptible today to visit him ?? I think this is most unfair.  I am not thinking of myself personnally but of his other long time friends who supported him all along these years of loneliness.  Why deprive everyone of such a normal and human need : saying farewell to one's dear friend ?

He called,  asking me to let you know about this situation "so that it might change things for others". David wrote about it : "It's unfair, but having spent the past 23 years being treated unfairly by my captors, it does not come as a real surprize to me. So long as we can get the word out, then perhaps it will be changed for others". His family, his spiritual advisers, his lawyers will be able to see him but he said most of the medias are denied too.  I have not heard from him recently so I am not sure exactly what his present situation is concerning visits.

                   David has an e-mail you might like to know just in case.
           A friend of his will forward his mail : hammerdp@yahoo.com

                       PENPAL REQUEST - PLEASE WRITE !
                             Personal information about myself includes :

I am a white male, 41, born in Haldenville, Oklahoma on October 9, 1958.
I'm 6', 200 lbs, brown hair, hazel eyes, solid athletic build.  Divorced with no children.
I've spent the past 22 years in prison.  During my incarceration I've obtained a GED, and degrees in psychology, criminal justice, and paralegal studies.  Each degree is a two year associates' degree obtained through correspondence and talkback TV classes.
I have a wide variety of interests, which include reading, writing, sports, movies.
I'm actively involved in the fight to abolish the death penalty, correcting and improving prison conditions through litigation in the courts.  I am also attempting to write a book based upon my life.  I would welcome assistance with this endeavor from anyone.
Lastly, prison is a very lonely place, being on death row with the prospect of being executed only adds to the loneliness.  Please write today if possible !  Thank you.  (Dec 28/99)

                   David Paul Hammer  24507-077
                        Federal Death Row Unit
                                 PO Box 33
                          Terre Haute, Indiana
                                47808   USA

    David's friend will forward his email : hammerdp@yahoo.com

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