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Ricky E. Morrow
Texas
Oct 20, 2004
The state of Texas is scheduled to execute Ricky Eugene Morrow on Oct. 20 for the 1982 murder of Mark Frasier and the attempted murder an FBI agent who was attempting to arrest Morrow. Morrow robbed the Metropolitan Savings and Loans Association Bank at a shopping center in Harris County. It was the second bank he had robbed that day. Police later surrounded the hotel room which Morrow and his wife, Linda Ferguson Morrow occupied. Morrow reportedly opened fire on two of the FBI agents but did not injure them prior to his surrender and arrest.
Morrow’s appeals process has primarily revolved around four FBI documents surrounding the robbery and shooting which the prosecutor was aware of but did not reveal to the defense. The Fith Circuit Court of Appeals stated that the prosecutor inappropriately failed to reveal some of this information to the defense.
The documents included information which would have added to the mitigating evidence presented in the trial. Morrow has maintained Frasier was shot accidentally as he was leaving the bank due in part to his altered state as he was under the influence of drugs and alcohol. The documents the prosecution kept from the defense included testimony from eyewitnesses stating that at the first bank robbery, which occurred shortly before the second, Morrow appeared to be “high” or intoxicated. One such document was an FBI report reflecting that a witness told an FBI agent that Morrow had bloodshot eyes and a “wild look,” and that he appeared to be “on drugs” or intoxicated. Another report prepared by an FBI agent reflected that a police officer reported that Morrow had slurred speech and “wild” eyes upon his arrest.
In all there were five documents reporting various witnesses stating that Morrow appeared to be under the influence of substances. The Fifth Circuit Court of Appeals stated these documents were illegally kept from the defense. However, other testimonies indicating that Morrow appeared to be sober and thus would have been unlikely to accidentally shoot the victim were used in court and must have contributed to the jury’s decision to sentence Morrow to death. The jury was not given the opportunity to weigh the opposing testimonies in order to determine the probability of Morrow’s intent to kill.
Please wrote Governor Perry and Ms. Maria Ramirez, Clemency Administrator to protest the execution of Mr. Ricky Morrow and to urge him to grant clemency.
