Fighting against Death Penalty since 1999
Death Penalty Resources » Death Penalty in Texas » DP in Texas archives » Change way accomplices are punished
March 20, 2009
This is part of an occasional series addressing bills filed in the
Legislature that would reform the state's system of administering the
death penalty.
Conventional wisdom suggests that the death penalty is reserved for
the worst of the worst criminals – those who commit the most heinous
murders.
But in Texas, we sometimes execute accomplices, people who never
pulled the trigger and who might have been only peripherally involved
in a crime. The law of parties permits the court to hold someone
criminally responsible for the acts of another.
Incredibly, an accomplice can be put to death for the triggerman's
crime. That accomplice might not even get his own trial, as Texas
allows joint trials in capital cases.
But proposed legislation would change that.
Several lawmakers are pushing for needed reforms that would guarantee
a defendant's right to his own trial in a death penalty case. Other
bills would rule out sentencing an accomplice to death using the law
of parties.
This common-sense legislation, which got a hearing Thursday in a
House subcommittee, would ensure that defendants in capital cases
have their own day in court and are not punished for another's
actions. Even death penalty proponents should welcome these safeguards.
Gov. Rick Perry, who has shown little hesitancy about the death
penalty, expressed concerns about simultaneous trials in 2007 when he
blocked Kenneth Foster's execution and reduced his sentence to life
in prison. The governor urged the Legislature to look at the issue.
New Mexico won't tolerate flawed system
What compels a longtime supporter of the death penalty to sign
legislation banning its use? New Mexico Gov. Bill Richardson said his
decision last week was driven by the reality that the system is flawed.
"Regardless of my personal opinion about the death penalty," he said,
"I do not have confidence in the criminal justice system as it
currently operates to be the final arbiter when it comes to who lives
and who dies for their crime."
We certainly understand how difficult making the right decision must
have been for the governor. After all, a lack of confidence in the
system is the reason this newspaper reversed its longtime support for
capital punishment and now believes Texas should abolish the death
penalty.
Foster, who drove the getaway car during a robbery spree that turned
deadly, faced a legal double whammy. He was tried with the shooter
and was sentenced to die under the law of parties. Even though Foster
was sitting yards away in his grandfather's rental car when his
partner in crime fired the gun, the jury determined that Foster
intended to kill or "should have anticipated" a murder.
Adopting this legislation would send the message that Texas no longer
plans to impose the ultimate punishment for crimes that someone else
committed. These bills, as well as one filed by Rep. Harold Dutton,
would take aim at let's-make-a-deal gamesmanship that pits defendants
in capital cases against one another.
Dutton's HB 298 would exclude testimony from accomplices and
informants who have cut a deal for a reduced sentence. While this
common practice certainly makes a prosecutor's job easier, relying on
testimony from a witness determined to spare himself is a dangerous
proposition in life-and-death decisions. The legislation also would
require that statements from prison snitches be corroborated by a
recording.
Prosecutors and police no doubt will argue that these witnesses are
an important part of building a case. But unimpeachable evidence
should be required to take someone's life.
Texas lawmakers have shown little inclination to make sweeping
changes to the state's approach to capital punishment. But these
bills would build needed protections into the justice system that may
prevent Texas from making an irreversible mistake.
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/
stories/DN-accomplices_22edi.State.Edition1.1f50128.html