NCADP - The National Coalition to Abolish the Death Penalty

Milton Mathis

The state of Texas is scheduled to execute Milton Mathis April 20 for the Fort. Bend County murders of Travis Brown and Daniel Hibbard on Dec. 15, 1998. Mathis, a black man, was 19 years old at the time of the crime. He shot the victims and a 15-year-old girl who was subsequently paralyzed.

Mathis made several claims on appeals including ineffective assistance of counsel. His defense attorney at trial did not object when the prosecutor, while speaking to the jury, called the defendant a “despicable piece of human trash” during closing statements.

Also, Mathis has some serious mental impairments that may not have been adequately developed and presented to the court. After performing tests on Mathis, Dr. Stephen Martin, a neurological expert, was prepared to testify that Mathis had frontal lobe damage and that brain damage impaired Mathis’ ability to think and function normally, particularly when under stress. Pheobe Smith, one of Mathis’ lead attorneys at trial presented an affidavit during appeals stating that she had given this information to the lead counsel at trial. Smith stated that she did not know why the lead counsel chose not to present this potentially mitigating evidence to the trial.

The state of Texas has executed more people than the next five highest states combined. Thus far, in 2005 Texas has carried out one third of all executions with six more scheduled in April and May.

Please write the state of Texas protesting the execution of Milton Mathis.

November 22, 2009

Subject:

I am sorry to hear of the deaths of Travis Brown and Daniel Hibbard. I do not wish to minimize their deaths in any way. However, I believe that executing Milton Mathis is not an appropriate solution. The death penalty is simply not sound policy. It is administered disproportionately to the poor and to people of color. Far from being reserved exclusively for the worst of the worst, the death penalty is reserved almost exclusively for people who could not afford their own attorney. Mr. Mathis' attorney at trial, for example, did not fully develop the case of his mental impairments to the jury. He did not inform them that Dr. Stephen Martin, a neurological expert, was prepared to testify that Mathis had frontal lobe damage and brain damage which impaired his ability to think and function normally. Executing Mr. Mathis will only perpetuate a vicious cycle of violence. I implore you not to execute Mr. Mathis and to support legislation providing alternatives to the death penalty including a moratorium.
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