February 17, 2005

The state of Texas is scheduled to execute Dennis Bagwell Feb. 17 for the 1995 murders of his mother, Leona McBee, his half-sister, Libby Best, and two other family members, Reba Best and Tassy Boone, who were children.  The murders took place in Wilson County.

Bagwell was granted a stay in 2000 while a federal judge considered a series of objections Bagwell filed regarding the way his criminal case was handled.

Bagwell's case involves concerning issues which are common in capital punishment.  Most notably, there is reason to believe his attorney at trial provided him with ineffective assistance of trial.  His attorney failed to interview the state's star witness Victoria Wolford, who was with Bagwell at the time of the crimes, prior to the trial.  Bagwell's attorney also failed to adequately investigate and present mitigating evidence such as Bagwell's traumatic childhood to the jury.  This omission denied the jury the opportunity to hear that Bagwell was often left unsupervised as a child and was beaten by his alcoholic step-father. Bagwell reportedly was made to sleep in the same room as his mother while she engaged in sexual activity.  His step-father frequently forced Bagwell and his sister to stare at a blank television screen for hours at a time.        

When this issue was raised on appeal, the U.S. District Court's responded to the trial attorney's failure to find and present this evidence by stating the state does not require that one's counsel to exercise "clairvoyance." 

During the penalty phase of Bagwell's trial the jury was not specifically informed that a single  juror could prevent a death sentence.  His jury also did not receive instructions on the possibility of parole.  In Texas, one of two states with the death penalty which does not have  life without parole, the jury is not legally entitled to information about alternative sentences.

Bagwell was shackled and restrained during his trial - a practice which courts have taken into account when reversing sentences because of its prejudicial effect on the jury's perception of the defendant. 

Texas has executed 337 people since 1976.  This is more executions than next five states with highest execution rates combined. 

Please take a moment to write Gov. Perry and the Board of Pardons and Paroles requesting the state of Texas commute Bagwell's sentence as he was not adequately represented at trial.  Bagwell has yet to have the opportunity for a jury to determine his sentence while weighing all of the mitigating circumstances surrounding his case.     "People who are well (Associated Press, April 10, 2001)