Dallas County under District Attorney Craig Watkins has displaced Harris County over the last six years as the death penalty capital of Texas. (
UPDATE: More
from the Unfair Park blog.) See a detailed press release on the topic below the jump:
One Third of All New Texas Death Sentences in 2013 Came from Dallas County, According to New Report by TCADP
Seven of nine new death row inmates are
African-American men and 11 of the state’s 16 executions this year were
of people of color
(Austin, Texas) — One third of all
new death sentences in Texas were imposed in just one county this year,
according to the Texas Coalition to Abolish the Death Penalty’s (TCADP)
new report,
Texas Death Penalty Developments in 2013: The Year in Review. The
report documents Dallas County’s emergence as the state’s most active
death penalty jurisdiction, accounting for 20% of new death sentences
since 2008.
Over the last six years, Dallas County has
imposed nearly twice as many new death sentences as Harris County, which
alone has sent nearly 300 people to death row since 1976.
Juries condemned nine new individuals to
death in Texas this year, the same number of death sentences imposed in
2012. New death sentences in Texas have declined more than 75% over the
last decade and numbered in the single digits for the last five years.
A total of seven counties in Texas
accounted for the new death row inmates in 2013. Notably, three of the
highest sentencing jurisdictions in recent years did not impose any
death sentences this year, and no inmates were re-sentenced to death in
the state.
Texas’ Highest Sentencing Counties 2008-2013
|
|
2008
|
2009
|
2010
|
2011
|
2012
|
2013
|
Total 2008-2013
|
Total Since 1976
|
Dallas
|
3
|
1
|
2
|
0
|
2
|
3
|
11
|
106
|
Harris
|
0
|
0
|
2
|
3
|
0
|
1
|
6
|
290
|
Tarrant
|
2
|
1
|
0
|
1
|
2
|
0
|
6
|
72
|
Travis
|
0
|
1
|
1
|
1
|
0
|
0
|
3
|
19
|
Brazos
|
0
|
1
|
1
|
0
|
1
|
0
|
3
|
15
|
Total Top 5 Counties
|
5
|
4
|
6
|
5
|
5
|
4
|
29
|
503
|
Total All Counties
|
12
|
9
|
8
|
8
|
9
|
9
|
55
|
1,076
|
Both geography and race continue to
disproportionately impact death sentences in Texas: seven of the nine
new death row inmates in 2013 are African-American men. Over the last
six years, half of all new death sentences in Texas have been imposed on
African-Americans. In Dallas County, this pattern is even more
pronounced – of the 11 men sentenced to death there since 2008, 8 are
African-American and 2 are Hispanic. All three of Dallas County’s new
death sentences in 2013 were imposed on African-American men.
“While most of Texas is moving away from
the death penalty, Dallas County has emerged as a major outlier in its
pursuit of the ultimate punishment, particularly for defendants of
color,” said Kristin HoulĂ©, Executive Director of the Texas Coalition to
Abolish the Death Penalty. “These troubling patterns directly counter
Dallas’s reputation as a leader in criminal justice reform.”
Halfway through the year, the State of Texas carried out its 500th
execution since 1982, putting Kimberly McCarthy to death for the 1997
murder of Dorothy Booth in Dallas County. McCarthy, who was
African-American, was the fourth woman executed by the state and the
first since 2005.
Her attorney argued that the jury selection
process in her second trial was tainted by racial discrimination: of
the twelve jurors seated at trial, all were white, except one, and
eligible non-white jurors were excluded from serving by the State. While
two earlier execution dates this year were postponed, the courts
refused to intervene a third time.
The State of Texas carried out 16
executions in 2013, a slight increase from 2012, when 15 executions took
place. Executions are now being carried out through the use of a
compounded form of the drug pentobarbital, and the Texas Department of
Criminal Justice has been criticized for a lack of transparency when it
comes to the state’s lethal injection protocol.
Of the 16 people executed in Texas this year, eight were African-American, five were white, and three were Hispanic.
“Although Texas is using the death penalty
less, the state still uses it disproportionately against people of
color,” said Kathryn Kase, Executive Director of the Texas Defender
Service. “Texas’s failure to effectively address this recurring problem
demonstrates, yet again, the deep flaws in the state’s capital
punishment system.”
Other highlights of Texas Death Penalty Developments in 2013: The Year in Review:
- Texas accounted for approximately 42% of
all U.S. executions this year and twice as many as any other state. 269
executions have occurred during the administration of Texas Governor
Rick Perry (2001 - present), more than any other governor in U.S.
history. Texas has executed a total of 508 people since 1982.
- Seven inmates scheduled for execution in
2013 received reprieves, including stays granted by the courts and the
withdrawal of execution dates. Four other inmates were granted
modifications of their dates but were ultimately executed this year.
- For the first time in six years, no one
was re-sentenced to death in Texas. Several long-standing cases in which
the courts had ordered new punishment hearings were resolved with
sentences other than death. A total of four inmates received reduced
sentences in 2013, including two from Harris County. Collectively, these
four individuals spent approximately 80 years on death row.
- Death-qualified juries rejected the
death penalty in the sentencing phase in two trials this year and
instead opted for life in prison without the possibility of parole. In
both cases, juries determined that mitigating evidence warranted a
sentence other than death. Over the last five years, death-qualified
juries have rejected the death penalty in more than 20 capital murder
trials.
“Attitudes toward the death penalty are
shifting as public confidence in the criminal justice system erodes,”
said HoulĂ©. “At this critical moment in our state’s experience with the
death penalty, TCADP urges concerned citizens and elected officials to
confront the realities of this irreversible and costly punishment and
seek alternative ways of achieving justice.”
TCADP is a statewide, grassroots advocacy organization based in Austin.
###
8 comments:
In the Kimberly McCarthy case, it is clear that the state managed to strong arm a jury right out of 1950's and 1960's america.
Congratulations to Dallas County! Hope others will follow by putting the most violent offenders on death row.
Because once the inmate is executed, no one is left pushing for an investigation towards prosecutorial misconduct, coerced confessions, or botched forensics.
Out of sight, out of mind.
The irony is that the current Dallas County D.A. is considered by many to be soft on crime because he's been so willing to ferret out wrongful convictions and correct them without a fight.
From the National Registry of Exonerations, Dallas County has a much higher percentage of exonerations due to "Mistaken Witness Identification" versus Harris County (71% versus 54%). This statistic may have a correlation for the defendants on death row, "...particularly for defendants of color..."
However, Dallas County also has a much higher percentage of exonerations due to "Official Misconduct" versus Harris County (44% versus 22%).
Is there a correlation between Official Misconduct and death sentences? Are Dallas County ADAs more likely to forgo Brady requirements or professional/ethical duties when capital punishment is on the line?
It is disingenuous to compare executions and/or incarcerations of "people of color" without also comparing the crime statistics.
That Dallas has taken the lead on Death Penalty is not indicative of anything other than an uptick of capital crime in that jurisdiction. One cannot look at that and disregard the fact that the current Dallas County DA has been in the forefront of the Innocence Project as well.
With about 10% of Texas's population (and ignoring any other factors such as violent crime rates) Dallas County would be expected to account for 1 of the 9 Texas death penalties in 2013. The difference between the expected and observed frequency (3) is not statistically significant at the 0.05 level (chi-square test with Yates correction for small sample size).
More involved statistical analyses could be applied here. But the bottom line is: What is going on in Dallas County is basically the same as what is going on in the rest of the state. Small sample size and random variation can satisfactorily account for the observed "problem".
In Tennessee, we've had several death penalty cases overthrown after new evidence came to light, from lying witnesses to investigators who manufactured evidence, to prosecutors who hid evidence. That's "several" people who may have been wrongly put to death now that Tennessee is ramping up to start following through on actually killing inmates on deathrow. There are well over 100 people in the country who have "walked free" since 1973 from death row after their sentences were overthrown. Killed all at once, those 100 would have been a "massacre". I guess the 100s, perhaps 1000s, who were never exonerated are just "mistakes".
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