December 2, 2004 6:21 AM

When are we going to admit that the system is not working?

Perry halts execution

I should begin by stating that I am unequivocally opposed to the death penalty. “An eye for an eye” in the end only leaves everyone blind. Never mind the fact that The Great State of Texas has become an execution factory.

When one objectively looks at the death penalty in this country, it is difficult to escape the conclusion that it is disproportionately skewed against poor minorities, predominantly African-Americans. If you are white and fortunate enough to be able to afford effective representation, you are much less likely to be sentenced to die. Is this really what we want: “You have been found guilty of capital murder, and because you are poor & black, you are hereby sentenced to death.” Of course, it is never that black and white, but I think you can understand the point I’m trying to make here.

If we’re going to be stuck with a system designed to execute the worst of the worst, would it be too much to expect the system to be something resembling fair? Apparently so.

Gov. Rick Perry halted the execution of Frances Newton today, one day after the Board of Pardons and Paroles recommended that the punishment be delayed for 120 days.

Perry’s action came about two hours before Newton, 39, was scheduled to die by lethal injection for the murders of her husband and two children.

“After a lengthy review of the trial transcript, appellate court rulings and clemency proceedings, I see no evidence of innocence,” Perry said in a statement.

“However, I am granting the additional time to allow the courts the opportunity to order a retesting of gunpowder residue on the skirt the defendant wore at the time of the murders and of the gun used in the murders. Although this evidence was evaluated by the jury and appellate courts, new technology is available for testing gunpowder residue.

“Justice delayed in this case is not justice denied,” Perry said. “The courts are the ultimate arbiters of evidence, and this case is now back in the hands of the courts.”

The obvious question here is why has it taken 17 years for this step to be decided upon? Another, perhaps equally obvious question is whether or not this reprieve would have been granted if the inmate in question was male.

Somehow I think not. A “conventional” execution of a male inmate would draw a few yawns and not much else. Prepare to execute a woman, and the world media will descend upon Huntsville en masse. Governor Goodhair, being ever sensitive to bad press, is going to err on the side of caution. This could be construed as a good thing- if it was the normal state of affairs. From a purely political standpoint, the Governor has nothing to lose by granting Newton her reprieve. The media, most of whom know little about his actual record when it comes to the death penalty, will leave Huntsville thinking that Rick Perry is a reasonable, cautious man. They have no freakin’ clue….

No good “law and order” Republican is ever going to admit that Frances Newton is being treated any differently than anyone else would be in a similar situation. The reality, though, is that applying the death penalty in Texas is a horribly political and inherently unfair process. If Frances Newton were male, she would have been executed last night, and neither Rick Perry nor anyone else would have noticed, much less cared.

Something is very, very wrong with this system- unless you’re a rich, white Texas Republican.

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This page contains a single entry by Jack Cluth published on December 2, 2004 6:21 AM.

Honey, where did we put the snow shovel? (not.....) was the previous entry in this blog.

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