TEXAS
November 12, 2004
Frederick McWilliams was executed on November 10. We extend our deepest sympathies to the family and loved ones of Mr. McWilliams and Mr. Rodriguez.
The state of Texas is scheduled to execute Frederick Patrick McWilliams, a black man, Nov. 10 for the 1996 murder of Alfonso Rodriguez, a Latino man. McWilliams was sentenced to death at 22 in Harris County.
The murder was the result of McWilliams' attempt to rob Rodriguez and steal his car and pieces of jewelry. His friend Kenneth Adams was with McWilliams at the time of the crime.
McWilliams' sentencing was based upon references to unproven federal offenses. These allegations were weak and McWilliams' connections to these crimes tenuous at best. The jury was told of a rape and robbery, for which the sole connection was based upon a red car in which black males were present.
In 2003, the Fifth Circuit court denied an appeal filed on McWilliams' behalf. The main legal issue raised was the Simmons, a U.S. Supreme Court precedent which requires that jurors not be given misleading information regarding the amount of time a defendant would have to serve in prison if he is not sentenced to death. It should be further noted that the counsel appointed by the Texas Court of Criminal Appeals to prepare the state writ never met with McWilliams, did not investigate the case, and raised only those issues available in the record.
The current problems with the Houston Police Department Crime Lab demonstrate why this death sentence is unworthy of confidence. The HDP Crime Lab's troubles began in late 2002 when an independent investigation and subsequent audit revealed widespread deficiencies in quality assurance programs, organization, personnel qualifications, evidence and sample control, and several other serious problems. Of 28 applicable subcategories of the audit, the Serology/DNA section of the Lab failed 23 of them.
In response to these findings, the Houston Police Department shut down the DNA division of the crime lab while material from 400 cases was re-examined. This retesting process showed a rate of error over 20 percent.
Harris County has also demonstrated unreliable forensic work and faulty ballistics analyses in the firearms section of the HDP Crime Lab in at least four capital cases.
Most recently, the Houston Police Department found evidence that involved cases from 1979 through the 1990's which had previously been lost. Though the evidence has been largely recovered, there is still a great deal of uncertainty as to the contents of the boxes, which cases are affected, and whether any of the boxes include evidence surrounding capital cases.
As a result of the HPD Crime Lab problems, the Chief of Police requested a halt on executions in Harris County and State Senator Rodney Ellis, and State Senator John Whitmire called for a halt to executions as well. Governor Perry has insisted this is not necessary.
Less than one-fourth of the state's murders take place in Harris County, but it accounts for 36 percent of all inmates under death sentence in Texas. It is inconceivable that a county with such large-scale problems would continue to execute people especially at such an alarming rate.
Please urge Texas Governor Rick Perry to stop the execution of Frederick Patrick McWilliams until Harris County's Crime Lab matter is cleared. Please further urge Governor Perry to consider the possibility of a life sentence instead of the death penalty for McWilliams and other convicted murderers.
