Houston Chronicle: Review death penalty law, ex-governor urges

[Heidi]

White worries about execution of the innocent

Oct. 18, 2009, 11:03PM

AUSTIN — Former Gov. Mark White, who was involved in the executions of 20 condemned criminals, says it may be time for Texas to do away with the death penalty.

The death penalty is no longer a deterrent to murder, and long stays for the condemned on death row shows justice is not swift, White said.

More than anything, he said, he has grown concerned that the system is not administered fairly and that there are too many risks of executing innocent people.

White said the state needs to take a serious look at replacing the death penalty with life without parole.

“There is a very strong case to be made for a review of our death penalty statutes and even look at the possibility of having life without parole so we don't look up one day and determined that we as the state of Texas have executed someone who is in fact innocent,” said White.

<snip>

The former Democratic governor also said he was upset by the incident in 2007 when the Court of Criminal Appeals was closed to an inmate's efforts to file a last-minute appeal based on a U.S. Supreme Court ruling that came down earlier in the day of his execution. That case has resulted in a State Judicial Conduct Commission investigation of Presiding Judge Sharon Keller.

“That was a horrible procedural error,” White said.

Read more

[excess_3]

1. how was White involved?, the Texas Gov. doesn't do anything

in the matter of executions.
(except maybe a one-time-only
stay, of 30 days)

[Heidi]

2. You're right that the current Texas governor doesn't do anything, re: executions, EXCEPT

keep secrets about the possible execution of innocent people. The fact of the matter is that governors have the authority to declare a moratorium on all executions in their states. Jeb Bush did it in 2006 in Florida, George Ryan did it in Illinois in 2000, and Parris Glendening did it in Maryland in 2002. Rick Perry could do it, too, but he doesn't, despite compelling evidence that Texas has executed at least one person innocent of the crime for which he was being executed.

You may wanna read up on how Gov. Perry is weaseling around to cover his own ass regarding the Willingham execution.
http://www.chron.com/disp/story.mpl/metropolitan/6673985.html

P.S. Why _wouldn't_ former Gov. White express an opinion on the death penalty in Texas?

[excess_3]

3. moratorium, how would a Texas Gov. do that?

repeat, he doesn't do or sign anything, in this matter

[Heidi]

4. An official moratorium would require action by the Texas legislature, but

can you think of any reason that the governor of Texas cannot create an effective moratorium by simply staying all executions, even if he has to do so one at a time, over and over?

[excess_3]

5. authority to stay an execution, one time only

30 days, one time only, per case,
does not renew with a new Gov

[Heidi]

6. So, poor Rick Perry couldn't do anything about it, even if he wanted to.

Is that what you're saying? There's just not a darn thing he could do?

[excess_3]

7. essentially, yes

he could grant a one time, 30 day stay of execution.

he could ask (but not order) the T. Pardon and Parole Board,
for some type of action. Of course, he defendant's lawyers could
do the same thing, and likely already has.

he could ask (but not order) the judge who is signing
the death-warrant, to stop doing so

[TexasObserver]

9. The governor's office is always involved in executions, right up until the last moment.

In this instance, Mark White is the last living Democratic governor of Texas, so it's important that he address the topic because he's someone with political standing.

Perhaps more importantly, it was Mark White as Attorney General of Texas who defended the Texas death penalty on appeal in the early 1980s, and it was his capable assistant AG, Leslie Benitez, who carried the case all the way to victory.

Mark White helped bring the death penalty back to Texas, and on 20 separate occasions, he sat in his office and stood by, waiting to see if there was any action he needed to take as an execution was about to occur.

[TexasObserver]

8. Mark White was a decent governor and is a decent guy.

He was Secretary of State when I worked in the Texas Senate in the 1970s writing laws. His office was right next to mine on the first floor of the capitol, and we used to visit daily. I backed him later for AG and Governor when he successfully ran for both.

He's a middle of road Democrat out of Baylor.