Tuesday, March 23, 2010

“Death row inmate entitled to delay for DNA test"

In this article the author, which is the editorial board of the Austin American Statesman, is asking all Texans in favor of or opposed to capital punishment to lobby behind a man, whom has already been convicted of a triple homicide, and show support as his legal team ask the state of Texas to give him a 30 day reprieve/ pardon so additional DNA testing can be done, which could potentially prove his innocence from this crime. My initial reaction to this argument was, “yes…why not…if there is a possibility for innocence then it is our duty (Texas) to figure it out,” but then as I read through the article again I couldn’t help but feel confused about a few things. First, I wasn’t sure what kind of feelings, if any, I should have for this man that has been convicted of murder and on death row for 17 years now…is he “entitled” to a delay? I was confused about what feelings I should have for the families involved, should the families of the victims have to endure this kind of emotional set back so close to “their justice?” Should the inmate’s family get their hopes up only to be let down? These confusing questions all stemmed from a confusing judicial system. The author states that there are untested item that could be tested with DNA technology that could clear the inmate, but the state won’t allow that testing to be done because in an earlier portion of the trial the inmates lawyer was opposed to further testing, due to damaging evidence already found by prior DNA test. The author also goes on to further back his argument by revealing that evidence shown at the trial was inconsistent and reports showed that the inmate was in a physical state not conducive with being able to murder 3 people, one of which was a very large male. Why weren’t these issues taken care of in the first few years of the trial, why wasn’t everything gone over with a fine tooth comb, why were “inconsistencies” acceptable to a jury? Three innocent people are already dead and now there is a possibility that a fourth innocent person could die by the hands of our state! This man has been on death row for about 17 years, in the article the author talks about a man that Gov. Perry just pardoned, whom had spent 13 years on death row for a crime he didn’t commit, unfortunately he died on death row nine years before the pardon was issued. UNBELIEVEABLE! We are talking about life and death of innocence; changes have to start at the front to reduce the latter of possibilities at the end. Milsap, Bexar County District Attorney summed up my thoughts exactly when he said, “Before we send a man to his death, shouldn’t we do everything in our power to be certain of his guilt?”

http://www.statesman.com/opinion/death-row-inmate-entitled-to-delay-for-dna-423839.html?printArticle=y

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