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Jackie Wilson, TX - May 4

Do Not Execute Jackie Wilson!

Jackie Wilson

May 4, 2006

Texas

Jackie Wilson, a 39-year-old Latino man, is scheduled to be executed on May 4 for the 1988 murder of Dallas County resident Lottie Margaret Rhodes.  After spending the evening ingesting alcohol, cocaine, and marijuana, Wilson is alleged to have broken into Rhodes’ bedroom during the night through her window.  He is said to have abducted her, after which he raped and sodomized her.  Finally, Wilson is alleged to have suffocated Rhodes before running her over with his car.  Whether she died from asphyxiation or trauma from the car is uncertain.

One point that Wilson argued before the 5th Circuit Court of Appeals is the prosecution’s failure to prove his intent to murder Lottie Rhodes.  He claims that reasonable doubt exists as to why he suffocated and ran over Rhodes.  What’s more, he had been consuming no less than three drugs before the abduction and he was likely impaired.  Not only might this be a mitigating circumstance in terms of forming intent to commit the abduction and rape, but it might explain how actions that Wilson did not intend to be fatal became fatal.  For instance, under the effects of the drugs Wilson might not have realized how hard he was holding his hand over Rhodes’ mouth, or his reaction time may have been so reduced as to make him unable to avoid hitting her when driving away.

Furthermore, the nature of the crime is so heinous and needlessly violent that it strongly suggests a severe mental disorder in Wilson.  Granted, this may not translate to legal insanity to the extent that Wilson ought to be found not guilty, but it is the kind of mitigating factor that can make the difference between a death sentence and a life sentence.

This kind of diminished intent and mental illness will not cause Wilson’s guilty verdict to be overturned, nor are they intended to.  Nevertheless, the jury instructions given in this case did include the line “Unless you find from the evidence beyond a reasonable doubt that the defendant… specifically intended to kill the victim… you cannot convict him of the offense of capital murder.” (Emphasis added.)  Additionally, a defendant as deranged as Wilson ought not to have been given the death penalty.  Wilson may be guilty of murder, but we ought not to let the state put him to death.

Please write to Gov. Rick Perry on behalf of Jackie Wilson!      


February 09, 2010

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