|
Texas
October 5, 2004
Edward Green has been executed by the state of Texas. Our thoughts and prayers are extended to the family and loved ones of Mr. Green, Mr. Haden, and Ms. O'Sullivan.
The state of Texas is scheduled to execute Edward Green III on Oct. 5 for the 1992 murders of Edward Perry Haden and Helen O’Sullivan. The murders took place in Harris County during a botched robbery when Green, a black man who was 18 at the time of the crime, shot and killed the elderly couple. They were sitting in Haden’s car while stopped at an intersection.
Green’s attorneys argued many key issues in his trial were overlooked.
First, during the course of deliberation, the jury sent a note to the Judgeasking for clarification on the testimony of Ramon Campos, one of Green’s therapists who testified. The jury asked whether Campos stated that Green suffered from “emotional problems” during childhood. The Judge replied stating Campos had not used the term “emotional problems.” However, the jury was not informed that other emotional words such as “grief, hatred, and anger” were used. Campos testified that Green had an extremely traumatic childhood including coping with his mother’s cocaine and alcohol addictions. At age nine, Green’s father was murdered and hung from a tree in what was apparently a drug-related crime. Green’s mother also testified that he witnessed his father’s physical abuse of her. According to Campos, Green had one of the worst cases of Post-Traumatic Stress Disorder that he had ever encountered.
Additionally, Green’s trial attorneys failed to interview Capos as well as counselors who knew Green before the crime was committed. These counselors would have testified that green was prematurely released and that Green was “scared to leave Giddings and that he was afraid he would simply commit another crime.”
Attorneys representing Green also argue that he should have received an automatic life sentence when the jury sent a note stating they were deadlocked. According to the “12-10 rule” this action should have resulted in an automatic life sentence. However, an appellate court stated that because the trial lawyer did not present a claim to this effect, this claim could not be considered during appeals.
In addition, Green’s trial jury was not informed that an alternative to the death sentence would have been a 35- year minimum incarceration meaning Green would have been almost 55 years old before his first chance of parole. Without this knowledge, the death penalty may have been arbitrarily imposed violating the 8th Amendment to the U.S. Constitution. The Texas Court of Criminal Appeals ruled that since the record did not show that Green presented a claim in this regard to the trial court, the claim was procedurally defaulted.
A final factor which may have contributed to Green’s death sentence is the fact that the victims of the crime were the parents of an attorney, who was a legal prosecutor in Harris County at the time of the crime. The chance of heightened emotions within the legal community, including judges and prosecutors, might have affected the fairness of the trial.
In light of the many facts surrounding the case, please urge the Board of Pardons and Paroles to recommend that the Governor commute Edward Green III ‘s death sentence. Also, please write Governor Perry asking him to intervene and prevent Mr. Green’s execution.
To contact them, you may edit the message below or submit it as is. This message will be sent through email and or fax to Gov. Perry and the Texas Board of Pardons and Paroles.
|
