May 18, 2005
6:00 p.m. CST
The state of Texas is scheduled to execute Bryan Wolfe, a black man, on May 18, 2005 for the Feb. 1993 murder of Bertha Lemell, a black woman, in Jefferson County.
In Feb. of 1993, Bertha Lemell was fatally stabbed in her home in Beaumont, Texas. Serology and DNA tests conducted on blood found at the scene of the crime linked Wolfe to the murder.
Because Wolfe lacked the financial resources needed to secure private counsel, he was represented at trial by a court-appointed attorney. There are many indications that Wolfe’s trial counsel, who was admittedly overburdened with other cases, did not offer adequate representation.
During the pre-trial period, Wolfe’s trial counsel failed to adequately prepare for Wolfe’s defense. He admits that he met with Wolfe only once and did not interview any witnesses during this period.
The poor pre-trial preparation likely contributed to Wolfe’s inability to secure a plea bargain from the District Attorney. Prior to Wolfe’s case, the only capital defendants in Jefferson County not to receive plea bargain offers had been accused of murdering either law enforcement officials or children
Despite the fact that the State’s case against Wolfe largely hinged on DNA evidence, his trial counsel lacked sufficient familiarity with DNA science. DNA expert Dr. Edward Blake categorized Wolfe’s trial counsel’s understanding of DNA science as “non-existent.”
Lastly, Wolfe’s trial counsel failed to call any witnesses to testify on behalf of Wolfe or introduce any mitigating evidence at the trial’s penalty phase. Without any mitigating evidence to counter the aggravating evidence offered by the prosecution, this “strategy” virtually assured that the jury would impose a sentence of death on Wolfe.
Unfortunately, Wolfe’s representation woes did not cease with trial counsel. An application for writ of habeas corpus filed by a member of his appellate counsel was so poorly constructed that two judges in Texas’ highest court felt that it raised serious questions regarding “whether [Wolfe was] afforded effective assistance of counsel.”
Wolfe’s claim of ineffective assistance of counsel clearly has merit. While capital punishment is an abhorrent practice that always lacks justification, it is particularly objectionable in this case because Wolfe was not afforded adequate representation at trial and during part of the appeals process.
Please write to Gov. Rick Perry and urge him to stop the execution of Bryan Wolfe.
