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TEXAS
Oct. 6, 2004
The state of Texas is scheduled to execute Peter J. Miniel
(a.k.a. Peter Hernandez) Oct. 6, for the May 1986 robbing and murder of
20-year-old Paul Manier in Harris County. According to prosecutors,
Miniel, a Latino man, and James Russell robbed, beat, and fatally
stabbed Manier in his apartment. The two men then left the apartment
and parted ways. Miniel was arrested in Chicago on May 21. The next
day, James Russell was arrested in Brookshire, Texas for the same
crime. Chicago investigators then taped a confession which became a
later point of contention. Miniel maintained he was beaten and
threatened by Chicago police upon his arrest leading him to confess
involuntarily. Miniel stated Chicago detectives told him to say
whatever officers told him to or he “wouldn’t make it.” Miniel also
stated he was not notified of his Miranda rights and was refused his
request to talk to a lawyer.
During the appeals process, Miniel’s attorneys also
maintained that Miniel was denied effective counsel because his trial
attorney did not cross- examine the co-defendant, Russell, despite the
fact that his and Miniel’s stories conflicted regarding which man
initiated the robbery-beating. In addition, Miniel’s trial attorney did
not object when the prosecutor wrongly stated in his closing arguments
that Miniel’s fingerprints were found on the object allegedly used to
kill the victim.
Miniel’s case serves as an example of the arbitrariness of
capital punishment in the U.S. Records show that he and James Russell
acted together in a capital crime. However Russell has received a
50-year sentence because he was willing to testify against Miniel who
is now scheduled to be executed. Supreme Court Justice Harry Blackmum
once commented on the arbitrary nature of the death penalty in the
following way:
“Despite the effort of the states and courts to devise legal
formulas and procedural rules to meet this daunting challenge, the
death penalty remains fraught with arbitrariness, discrimination,
caprice, and mistake.”
Please personalize the following letter or submit it as is.
This will send a letter, email, and or fax to Governor Perry, Clemency
Administrator Maria Ramirez, and to the Texas Board of Pardons and
Paroles protesting the execution of Mr. Miniel and the arbitrary
execution of those on Texas’ death row.
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