Tag Archives: Texas Tribune

Court shows rare compassion, halts execution

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Jeff Wood isn’t going to die in the Texas execution chamber — at least not yet — thanks to a ruling from the state’s highest criminal appellate court.

The Texas Court of Criminal Appeals — which I guess you can call the Killin’ Court — has sent the case of Jeff Wood back to a lower court.

Wood was scheduled to die because he was in a pickup truck while his friend actually killed someone while committing a robbery. But under Texas law and a provision called the “law of parties,” Wood was deemed as guilty as the shooter for the capital crime.

https://www.texastribune.org/2016/08/19/execution-halted-jeff-wood-who-never-killed-anyone/

It amazes me that the CCA would halt the execution. This is the same body of jurists that at times has shown a remarkable lack of compassion for capital criminals. Sure, the criminals are bad guys and there are those who contend they don’t deserve anything from the state.

A trial jury sentenced Wood to death for the murder that was actually committed by Daniel Reneau, who was executed in 2002, just six years after committing the crime.

Wood’s role in the crime and the sentence he received has drawn national attention. Wood also drew support from an unlikely source, a conservative Republican lawmaker — state Rep. Jeff Leach of Plano — who intervened on Wood’s behalf while asking his sentence is commuted to life in prison.

The law of parties is an unreasonable provision in Texas law that needs to be removed.

That’s a fight for another day in another venue — which would be the Texas Legislature.

As forĀ Wood, he’s been given a chance to defend himself once again. It fascinates me in the extreme that it would be the Texas Court of Criminal Appeals that has exhibited a healthy dose of fairness.

https://highplainsblogger.com/2016/08/law-of-parties-may-kill-the-wrong-man/

 

‘Law of parties’ may kill the wrong man

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It’s called the “law of parties.”

The law means that in Texas someone who’s involved in any way with a capital crime — a murder — can be put to death if convicted even if he or she didn’t actually commit the crime.

I probably had heard of it, but I’d forgotten about it.

Jeff Wood is scheduled to die for a crime he technically never committed. He shouldn’t have to pay the ultimate price for his role in a 1996 murder. The actual gunman has been executed already.

Wood, though, has an most unlikely ally in the Texas Legislature. State Rep. Jeff Leach, a Plano Republican, has come to Wood’s defense, arguing that Gov. Greg Abbott should commute Wood’s death sentence to life in prison.

What’s interesting to me is that Leach is considered one of the Legislature’s more conservative members. He said he still believes in capital punishment, just not in this case.

https://www.texastribune.org/2016/08/17/state-rep-leach-speaks-out-against-jeff-wood-execu/

I’m with Leach on this one.

Wood was driving a pickup in Kerrville when his friend, Daniel Reneau, went inside a gas station to steal a safe. The clerk inside would comply with Renau’s demands, so Reneau shot him to death.

He was convicted of capital murder and was put to death in 2002.

Now it’s Wood’s turn.

Prosecutors at the time of trial argued that Wood knew that Reneau would kill someone while committing the robbery, which made him culpable — under state law — to murder in accordance with the “law of parties” provision.

According to the Texas Tribune. LeachĀ “believes in the death penalty under the law of parties in cases where the accomplice was clearly involved in the murder. But when he came across Wood’s case during his work for the House Criminal Jurisprudence Committee, it didn’t seem right.”

Wood surely should never have been in the vehicle while his friend was committing the terrible crime. He made a patently egregious decision. Should he pay for it, though, with his life?

I say “no.” He didn’t commit the actual crime of capital murder.

Rep. Leach is asking the Texas Board of Pardons and Paroles to recommend a commutation. Gov. Abbott has the option of accepting or denying the recommendation.

I hope the governor can reach the same determinationĀ that one of his Republican colleagues has reached.

Gov. Perry now deserves ‘shame’

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Rick Perry has told the father of a slain U.S. Army soldier “shame on you” for speaking out against Republican presidential nominee Donald J. Trump.

Actually, governor, the shame belongs on you.

Khzir Khan offered a blistering critique of Trump at the Democratic National Convention. His son, Capt. Humayun Khan, was killed in 2004 while serving in Iraq. Khzir Khan said Trump didn’t understand the sacrifice that Gold Star parents have endured.

So, now we hear from the former Texas governor, an Air Force veteran, who said that Khzir Khan started the rhubarb with Trump and is not immune from criticism.

https://www.texastribune.org/2016/08/16/perry-defends-trump-over-feud-gold-star-family/

How can I say this delicately? I can’t.

That’s pure baloney, Gov. Perry.

Trump’s response to Mr. Khan was utterly classless. That is in large part what has prompted the bipartisan criticism of Trump and his handling of that issue. Now, for Gov. Perry — who once called Trump a “cancer on conservatism” — has jumped into the fray by focusing on Khzir Khan’s remarks.

Did he miss the part when Trump said the Khans had “no right” to criticize him? Or did he ignore the crack that Trump muttered about Mrs. Khan’s silence at the DNC, suggesting she was not allowed to speak because of her — oh, yes! — Muslim faith?

He said the Khans have become “fair game” by entering the “political arena.”

Actually, Gov. Perry, political custom has elevated Gold Star parents above the kind of criticism they received from the Republican presidential nominee.

New poll makes Democrats’ hearts flutter

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If you listen carefully, you just might be able to hear the sound of Texas Democrats’ hearts beating rapidly.

A new public opinion poll puts Democratic presidential nominee Hillary Rodham Clinton a mere 6 percentage points behind Republican nominee Donald J. Trump.

https://www.texastribune.org/2016/08/16/poll-trump-leads-clinton-only-6-texas/

It’s Trump at 44 percent, Clinton at 38.

Game on in Texas?

Hmmm. Maybe … but probably not.

The poll was done by PPP, a reputable polling firm. The survey, though, suggests that while the state may be starting to develop a two-party “trend,” it doesn’t necessarily augur for a victory for Clinton this time around.

According to the Texas Tribune: “Polling on the presidential race in Texas has been scant, but the margin found by PPP is the narrowest yet. Previous surveys, including one commissioned by Democrats, have found Trump’s lead ranging from seven to 11 points.”

I’m one of those who would like to see the presidential candidates engage in what’s called “retail politics” here. In battleground states, the candidates show up for public events, shake hands with voters, engage real people in real conversations about politics and policy.

We don’t get that kind of activity here, given the state’s strong GOP leaning. Democrats usually give up on us, while Republicans take us for granted.

Might there be some continued narrowing of the Clinton-Trump gap? If so, I’ll be among the first to welcome the major-party presidential candidates to Texas.

Until then, though, Texas Democrats probably will need to calm their beating hearts.

Texas AG seeks to do the seemingly impossible

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Texas Attorney General Ken Paxton deserves credit for perseverance.

He’s been indicted by a grand jury on charges of securities fraud. Paxton says he’s innocent and has entered a plea to that effect. He’s now taking his case to the Texas Court of Criminal Appeals, the state’s highest criminal appellate court.

He wants the CCA to do for him what it did for former Gov. Rick Perry, when it tossed out an accusation that Perry had coerced a public official by demanding her resignation after she had pleaded guilty to a drunken driving charge. Perry had been indicted by a Travis County grand jury and complained that the Democratic-leaning county had stacked the grand jury with Democrats pre-disposed to indict a Republican governor.

Perry made the case to the all-Republican Court of Criminal Appeals.

Paxton’s indictment is quite a bit different.

A Collin County grand jury indicted him on charges that he failed to improperly report personal profit from investment he had given; the Securities and Exchange Commission also has filed a complaint against the AG.

Now, why is this so interesting?

Paxton represented Collin County before he was elected attorney general in 2014. The county is among the more Republican-leaning counties in Texas. I don’t know this, but I’d be willing to bet real American money that many of the grand jurors voted for him as attorney general and also for him when he ran for the Legislature, where he represented Collin County.

The grand jury indicted its home boy, not some political outsider.

https://www.texastribune.org/2016/08/03/brief-august-3-2016/

Which makes me wonder whether the attorney general is going to get a favorable ruling from the Court of Criminal Appeals.

President makes point about his support of cops

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Texas Lt. Gov. Dan Patrick went to the White House to take part in a town hall meeting with President Barack Obama.

The subject: police relations with communities that might not always believe police officers are their friends.

Patrick stood up and asked Obama to express his support for the police in a way that conveys such support for the men and women who protect us.

I believe the president answered Patrick appropriately by telling him that he — Obama — has been “unequivocal” in his stated support of law enforcement.

https://www.texastribune.org/2016/07/15/brief-july-15-2016/?mc_cid=398044d66b&mc_eid=c01508274f

Lt. Gov. Patrick did not distinguish himself — or the state — when he derided the Black Lives Matter marchers as “hypocrites” when they fled the gunfire that erupted in Dallas the other evening. They were marching to protest police activities in other communities but then sought protection when the gunman opened fire. Thus, according to Patrick, they behaved hypocritically.

As the Texas Tribune reported: “In response to Patrick’s question at the discussion on Thursday, Obama countered that he had ‘been unequivocal in condemning any rhetoric directed at police officers’ and offered to send Patrick examples of him expressing the sentiment ‘in case you missed it.’ā€

Indeed, I have heard our head of state say repeatedly that he condemns those who have struck out against police officers. I am not sure what Lt. Gov. Patrick actually wants the president to say that he hasn’t said already.

Perhaps it’s that President Obama has talked openly about the incidents in which the police at times have treated African-Americans and other racial minorities differently than they way they react to others.

Obama also said that “data shows there are disparities in how police treated people of different races, and that pointing out those disparities should not be viewed as anti-police.ā€

We all know the police have difficult and profoundly stressful jobs. Barack Obama knows it as well as does Dan Patrick.

The presidentĀ said so — yet again! — at the White House town hall.

Killing a cop need not become a federal issue

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John Cornyn is angry about the deaths of those five Dallas police officers.

So am I. So are millions of other Americans.

Is that reason enough to create a new federal law, as Sen. Cornyn, is proposing? No. The states have it covered.

Cornyn, the Republican senior U.S. senator from Texas, wants to make killing police officers a federal crime. He’s gotten some co-sponsors for his bill, including his fellow Texan, Republican Ted Cruz.

https://www.texastribune.org/2016/07/13/Cornyn-Bill-Makes-Killing-Police-Federal-Crime/

My hunch is that Cornyn’s bill is meant to toughen penalties in states that do not now impose the death penalty for any capital crime.

I understand Cornyn’s interest in this issue. He’s a former Bexar County trial judge and a former Texas attorney general.

Texas, though, already makes killing cops an automatic death penalty prosecution, as do most states in the country.

According to the Texas Tribune: “Law enforcement officers selflessly put their lives on the line every day to protect our communities, and in return they deserve our unparalleled support for the irreplaceable role they serve,ā€ Cornyn said in a statement. ā€œThe Back the Blue Act sends a clear message that our criminal justice system simply will not tolerate those who viciously and deliberately target our law enforcement. As our country continues to grieve following last week’s tragedy in Dallas, we must come together in support of those who risk everything to keep us safe.ā€

My goodness, we can support our officers in many tangible ways. Texas already has enacted strict punishment for those convicted of killing officers.

Cities can support their police departments by ensuring they have adequate resources, staffing, up-to-date equipment and training. Legislatures can buttress local governments with sufficient grant funds that they can funnel to communities to assist in providing the best law enforcement that money can buy.

Millions of Americans are justifiably outraged over the attack that occurred in Dallas. Do we need another federal law that proves how mad we are? No.

This is what you call ‘outreach’

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I hereby crown Barack Obama as the King of Political Outreach.

The president is convening a town hall meeting at the White House to discuss racism in the nation.

Who do you think he’s invited to take part? None other than Texas Lt. Gov. Dan “They Are Hypocrites!” Patrick.

This is awesome, man!

Patrick popped off right after the shooting erupted in Dallas that killed five police officers. He appeared on “Fox and Friends” to criticize the Black Lives Matter protesters for fleeing the gunfire and seeking help from the very police whose conduct they were protesting.

Thus, came the “hypocrites!” charge.

https://www.texastribune.org/2016/07/13/patrick-attend-town-hall-obama/

It’s good that Lt. Gov. Patrick will attend this event. It will be televised on ESPN and ABC. The White HouseĀ is seeking to assemble a diverse group of participants to get as many different points of view as possible.

This, I submit, is the real beauty of town hall meetings, which shouldn’t be used as political echo chambers where everyone applauds the views of everyone else.

As the Texas Tribune reports, quoting White House press secretary Josh Earnest: “I think the president is hopeful that those kinds of interactions will both illuminate a variety of perspectives for the American people to see,” Earnest said, according to a transcript of his daily briefing with reporters. “I also think he’s hopeful that it will illustrate what can happen when people open up their hearts to a different perspective.”

The catalyst for all this, of course, is the shooting of the two young men in Baton Rouge and suburban St. Paul, as well as the Dallas march and the shooting that erupted there. Two young black men died after being shot by white police officers and the shooter — another young black man — opened fire in Dallas in an act of revenge against white police officers.

It’s good that the White House is playing host to this town hall.

It’s even better that the president of the United States has invited an outspoken critic — Dan Patrick — to take part.

You want outreach? This is it.

Welcome, Mr. President, but please … no politics

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President Barack Obama isn’t likely to get the message I’m about to deliver — but I’m going to deliver it anyway.

The president is coming to Dallas on Tuesday to attend an interfaith memorial service in honor of the five law enforcement officers who were slain this past week by the gunman who opened fire at the end ofĀ a Black Lives Matter-sponsored march downtown.

I want him to steer away from politics. By that I mean I hope the president speaks exclusively about the officers’ lives, their heroism, their dedication to duty and to their community and to the love of their grieving families.

He might be tempted to veer — if only briefly — into the realm of gun violence and the lethality of the weapon used by the shooter. He might be drawn to say something about the need to tighten rules and laws that allow people to obtain these weapons.

My wish is for the president to save that speechĀ for another time, another venue, another context.

Dallas is hurting. The nation is hurting over the senseless loss of life.

A memorial service by definition is designed to pay tribute to the fallen and, if possible, to celebrate the contributions they brought to this earthly world.

I share the desire to welcome the president to Texas. I’m glad he cut short his NATO summit to come here.

Barack Obama is a wise man who will be guided by his conscience — not to mention by his team of political advisers. I hope they tell him: Mr. President, stick to the matter at hand, which as we see it is to help this community heal its grievous emotional wounds.

Clinton within shouting distance of Trump in Texas

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Take heart, Hillary Rodham Clinton.

A University of Texas poll says you’re trailing Donald J. Trump. But, hey, it’s only by 8 points. The previous Democratic presidential candidate — Barack Obama — lost the Texas vote to John McCain and Mitt Romney by double digits in 2008 and 2012, respectively.

A part of me, though, is a bit surprised that Trump has even an 8-point lead over Clinton in Texas.

I don’t know who University of Texas/Texas Political Projects Poll surveyed to come up with an 8-point gap. I wonder if it included the requisite number of Latino voters who comprise such a significant minority of Texans.

We all know how Trump — the presumptive Republican nominee for president — has gone out of his way to offend Latinos. He started with his plan to “build a beautiful wall” along our southern border; then he intimated that all Mexican illegal immigrants were “rapists, drug dealers and murderers”; then came the assertion thatĀ  an Indiana-born federal judge was biased against him because the judge’s parents were Mexican immigrants.

https://www.texastribune.org/2016/06/27/poll-trump-leads-clinton-8-texas/

I’m well aware that public opinion surveys only serve as “snapshots.” They don’t predict the future.

However, some political thinkers believe Clinton has a legitimate chance of winning Texas this fall. Others, though, believe the state is too deeply Republican to change now and that Clinton isn’t the type of Democrat who can repaint the reliably red state into a blue one.

If the Democratic nominee is to have a chance of capturing Texas’s huge trove of electoral votes, she’ll need to get Latinos to the polls. History is not on her side.

Then again, we’ve all talked about how “conventional wisdom” has been tossed aside during this election season.