Friday, September 16, 2011

"Perry the Executioner"

It's certainly an extremely exciting and interesting time to be watching the happenings of the Texas government. The actions of our very own governor, Rick Perry, have been shining an even brighter spotlight on our state while he campaigns for a spot on the presidential ballot in the 2012 election. One particular action has come under scrutiny many times during his 11+ years in office and now, during his campaign....executions.

An article in the latest issue of the Austin Chronicle breaks down some of the ways he's become known as an executioner. He's had more executions occur during his terms, 235 actually, and there are no signs of slowing (there are 5 more scheduled executions through the end of the year). Perry has only once granted a commutation of a death penalty. This happened in 2007 when Kenneth Foster was set to die. Foster was driving when his passenger, Maurecio Brown, shot and killed Michael LaHood. Though Foster did not pull the trigger, he was sentenced to death. The state argued that Foster's responsibility in this crime was the same as that of the shooter. The Board of Pardons and Paroles recommended his sentence be reduced to a life sentence. Perry agreed. This was a rare incident.

As far as legislation is concerned, Perry has intervened in disturbing ways. In 2001, he vetoed a bill that would ban the execution of the "mentally retarded". Though Perry did admit he felt that executing these individuals was wrong, the bill would "strip juries of their final decision-making power". It is also of interesting note that all the members of the Board of Pardons and Paroles were appointed by Governor Perry.

There has been a lack of transparency with Perry and the way he has handled the incredibly high number of executions. Criminal justice practitioners feel that this fact is rather unsettling. During Bush's administration, the decision making process was a bit clearer. Bush's clemency notes, prepared by Alberto Gonzalez, his general counsel, were released when then Attorney General, John Cornyn, ruled they were open records. Though embarrassing for Bush, there was the ability to see how recklessly Bush made his decisions based on the minimal information he was given on each case. In 2002, newly elected Attorney General, Greg Abbott, decided to change this and said this information was "privileged".  Kristin Houle, executive director of the Texas Coalition to Abolish the Death Penalty, feels that this lack of transparency shows Perry's "unrepentant unwillingness to admit that mistakes are made".

On a positive note, Perry has made strides where criminal justice reform is concerned. For instance, there is now access for prisoners, post conviction, to DNA testing. Perry made the life-without-parole option for sentencing possible as well. However, for me, these efforts pale in comparison to the reality of what is actually happening. There is no doubt that Rick Perry is tough on criminals. But, it seems as though he has taken Bush's legacy of carelessness and compounded it exponentially. Take a look at how the case of Cameron Todd Willingham was handled (also mentioned in this article). It is important to know what the nation's possible future president's history and track record are, especially when the number of executions are declining in the rest of the country.




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