TEXAS
Luis Ramirez
Oct. 20, 2005
On Oct. 20, 2005 Luis Ramirez, a Hispanic man, will be executed for hiring Edward Bell to kill 19-year-old Nemicio Nandin, another Hispanic man, on April 8, 1998. Ramirez’s conviction is largely based on the testimony of Tim Hoogstra who claims that Bell informed him of the murder and of Ramirez’s role in the murder. Nandin was dating Ramirez’s ex-wife, Dawn Holquin, at the time of the murder.
Ramirez’s attempts to appeal his conviction and sentence have been halted by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Under the AEDPA, Ramirez must obtain a Certificate of Appealability in order to appeal a denial of his habeas petition. Federal courts are required by the AEDPA to give deference to the lower court in considering habeas petitions. Additionally, under the AEDPA Ramirez must prove to the Fifth Circuit Court of Appeals that the lower court’s ruling was unreasonable. Effectively, the AEDPA requires that Ramirez prove to the Fifth Circuit Court of Appeals that the lower court, to which the United States Court of Appeals is required to give deference, ruled unreasonably. Naturally, Ramirez has been unable to overcome this burden of proof.
Ramirez also has been denied the opportunity to confront Edward Bell in person, although Bell’s out-of-court statements to Hoogstra, implicating Ramirez in the murder, were admitted in court. This denial violates Ramirez’s Sixth Amendment right to confront his accuser.
Finally, a potential alibi witness for Ramirez was not heard at trial. Ramirez contends that this constitutes a failure on the part of his court-appointed trial counsel. Ramirez holds that he informed Rios of the existence of a possible alibi. Unfortunately such a contention becomes a question of Ramirez’s word versus his trial lawyer’s. Under Texas law the state court may choose to disbelieve Ramirez without any further proof than his former attorney’s claim of competence.
Please contact Gov. Rick Perry to ask him to stop the execution of Luis Ramirez.
